Brad Pistotnik Law
Abogado El Toro

What Happens Following a Hit and Run Accident?

What happens after a hit and run accident in Kansas? Can motorists recover compensation to cover the cost of their injuries and property damage? These types of accidents are common occurrences and in 2016 there were 6,407 hit and run accidents involving drivers who fled the scene of an accident, or caused an accident during a police pursuit. Nationwide, only about 50% of all hit and run accidents result in finding the responsible driver. As long as there is contact with the two vehicles you can usually sue your own insurance company under the uninsured motorist coverage when the driver cannot be found. However, if there is no actual contact between the vehicles and you have a wreck then normally you must have an independent unbiased witness. These types of cases are commonly known as phantom motor vehicle uninsured cases.

"Fender benders" are some of the most common types of hit and run accidents. These often involve parked vehicles at shopping centers, office complexes, residential neighborhoods, etc. Many motorists who cause these accidents choose not to stop and leave their contact, insurance, and vehicle information. The second most common type involves injury or fatality crashes.

Nationwide, the number of incidents involving drivers who flee the scene of the accident is rising. According to the National Highway Safety Administration (NHTSA), there were 1,274 hit-and-run accidents in 2009. The number rose to 1,393 in 2010, and again to 1,449 in 2011. During this period, the number of accidents involving fatalities rose 13.7%. It is not just motorists who are at risk, it is a problem that significantly impacts pedestrians. In 2015, NHTSA data shows that 19% of pedestrian fatalities involved hit-and-run drivers.

One of the most common reasons motorists flee the scene of an accident involves lack of insurance. Nationwide, the number of uninsured motorists is significant. As of 2015, it was estimated that 13% of motorists, or one in every eight drivers, were driving without coverage. In Kansas, it is estimated that approximately 7.2% of motorists are driving without insurance. The rate in Nebraska is slightly lower at 6.8%, while Oklahoma is higher at 10.5%. Illinois has some of the highest rates with an estimated 13.7% of motorists failing to secure insurance coverage. There are several other reasons that motorists flee the scene. They can include a driver who is driving on a suspended license; a drunk driver; a stoned or otherwise intoxicated driver; a driver who has a warrant out for their arrest and a myriad of other reasons exist.

Motorists in Kansas can pursue compensation from their own insurance company following a hit and run accident. These types of accidents are covered under a driver's own Uninsured Motorist coverage. In Kansas, motorists are required to carry UM/UIM coverage of $25,000 per individual, and $50,000 per accident for personal injuries. They are also required to carry $10,000 to cover property damage. Brad Pistotnik always tells his clients that they need to carry no less than $250,000.00 per person and $500,000.00 per accident with liability levels at this level and the same for uninsured and underinsured motorist coverage. In fact, a substantial number of our bigger cases are from the uninsured and underinsured coverage since many bad drivers either buy minimum limits or they have no coverage at all.

Thus, it is crucial to file a police report and thoroughly document the scene of the accident and any injuries or property damage that occurred. It is also critical to collect eyewitness statements and contact information as this can be used to help identify the driver responsible for the accident. This information can also help establish the cause and effect between the accident and any resulting injuries. Whenever possible, motorists should also notify law enforcement immediately and provide them with information regarding the driver and license plate number, along with the make and model of the vehicle fleeing the scene of the accident. Under no circumstances should a motorist attempt to follow the driver as this can lead to reckless driving charges and could place the driver in danger of suffering serious injuries should a confrontation occur.

Brad Pistotnik Law represents clients who are injured by hit and run drivers in Lawrence, Wichita, Newton, McPherson, Garden City, Liberal, Dodge City, Kingman, Pratt, Colby, Hays, Great Bend, Decatur, Springfield, Warrensburg, Omaha, Overland Park, Winfield, Arkansas City, Garden City, Pittsburg, Leawood, Junction City, Emporia, Hays, Ulysses, Kingman, Pratt, Newton, Emporia, McPherson, Hutchinson, Arkansas City, Wellington, Omaha, Lincoln, Grand Junction, Dallas, Fort Worth, San Antonio, Laredo, Guymon, Kearney, Lincoln, Orlando, Tampa, Ft. Lauderdale, Miami, and elsewhere in Kansas, Oklahoma, Nebraska, Missouri, Florida, Texas, and Illinois. We can help pursue compensation for the personal injuries and property damage that occur following these types of accidents.

We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206. Our Garden City office is at 3102 E, Kansas Avenue, Suite 100, Garden City, Kansas. We always give free consultations and we answer the phone 24/7 and on weekends and holidays for free legal consultation.