Witnesses believed that the occupants of a flipped-over passenger car were all dead, but all three people somehow survived the wreck.
Stephanie Carattini had just picked up her daughters, ages 5 and 6, from school, when a speeding white pickup truck hit them, causing their car to overturn. Carattini said she broke through the windshield in order to reach her trapped daughters. The same hit-and-run driver also hit a parked car in the area.
According to video, the hit-and-run driver rolled up the window as soon as s/he hit Carattini and her girls.
Evidence in Hit-and-Run Collisions
Sadly for these victims, this unknown tortfeasor (negligent driver) will probably never face the music in criminal court. In many jurisdictions, authorities successfully prosecute fewer than 10 percent of hit-and-run drivers.
One reason is the high burden of proof. In criminal court, prosecutors must often have overwhelming evidence to convict defendants. But the burden of proof in civil court is only a preponderance of the evidence (more likely than not). So, a little proof goes a long way.
Another reason is that there is often little physical evidence at the scene. Therefore, investigators have little to go on. But an Orlando personal injury lawyer can find and use evidence which police investigators overlook.
For example, assume a security camera a few blocks away from the accident scene captured a partial plate number of a white pickup truck which roughly matched the description given by witnesses. Investigators would probably never find this evidence and it is basically useless in criminal court. But it could be enough to obtain compensation in a civil claim. It’s more likely than not that the pickup’s owner was also driving it at the time of the accident.
Even if an attorney does not locate the tortfeasor, hit-and-run victims still have legal options. Most victims can file UIM (Uninsured Motorist) claims with their own insurance companies. Since the company wants to keep its customer happy, these claims often settle quickly and on victim-friendly terms.
Compensation in a car wreck claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well, in some extreme cases.
If a negligent driver injures you, even if that driver fled the scene, compensation is usually available. For a free consultation with an experienced personal injury attorney in Orlando, Just Call Moe Dewitt, Orlando Car Accident Attorney. We do not charge upfront legal fees in these cases.