What Evidence is Needed to Prove a Hit-and-Run Accident?

If you have suffered personal injury or experienced property damage because of a hit and run, you are probably wondering about how the process works for fixing your damages. You can sue the driver who caused the accident for compensation, but first, you must identify them. You might have to rely on the criminal justice process to obtain that information. However, winning a criminal case involving a hit-and-run can be challenging due to the substantial evidence required to establish the driver’s guilt.

Matz Injury Law has experience with both civil personal injury claims and criminal hit-and-run cases. Let us help you pursue both civil and criminal proceedings to recover compensation for the harm caused to you and your property. Call us at 1-866-22Not33 to set up a free consultation.

What is Classified as a Hit-and-Run?

Michigan law requires any driver who has been involved in an auto accident to stop in a conspicuous place at the scene of the accident to wait for law enforcement to arrive. They are also expected to provide reasonable assistance to anyone in need. If a driver believes it is unsafe to remain at the scene, they may leave only after contacting law enforcement. A hit-and-run accident occurs when:

• A driver has been involved in an auto accident.
• The accident has resulted in personal injury, property damage, or both.
• The driver leaves the scene without immediately contacting law enforcement or providing information to any other driver involved in the accident.

Drivers involved in an auto accident that results in neither injury nor property damage still have a legal duty to stop and wait for the police. State law, however, does not provide the state with any way to enforce that obligation. As a result, an accident is only legally considered a hit-and-run when some kind of harm has occurred.

What Are the Legal Consequences of a Hit-and-Run?

A hit-and-run driver could face substantial consequences for their actions. Those consequences are dependent on the situation. For example, the risk of higher penalties is likely in a hit-and-run incident with substantial damage. Also important are the circumstances under which the accident took place. A driver who speeds recklessly and then flees the crime scene may face a higher level of responsibility.

When a driver leaves the scene of a hit-and-run accident that resulted in property damage, that driver may be charged with a misdemeanor. The offense carries consequences of up to 90 days in jail, suspension of the driver’s license, and a $100 fine.

In situations where there are personal injuries to another person, leaving the scene of the crime could warrant misdemeanor charges, with punishment of up to one year in prison, driver’s license suspension, and fines of up to $1000.

In situations where severe bodily harm occurred or a person died as a result of the accident and the driver fled the scene, that driver could face felony charges punishable by up to five years in prison, loss of a driver’s license, and a $5,000 fine. If the driver left the scene of the accident and was at fault, they could face 15 years in prison and $10,000 in fines.

How to Prove You Were the Victim of a Hit-and-Run Accident

In Michigan, a successful hit-and-run case relies on the collection and presentation of irrefutable evidence. This evidence must include the following:

• Establish that an accident occurred
• Link the accused party to the scene and the incident
• Prove that their negligence caused the accident

What Evidence is Needed to Prove a Hit-and-Run Claim?

Key evidence needed to prove a hit and run includes eyewitness testimony, surveillance and dashcam footage, physical evidence from the scene, digital and forensic data, and injury reports and damage assessments.

• Eyewitness testimony: Statements from people who witnessed the accident can provide critical details about the event, the vehicle involved, and the actions of each driver.
• Surveillance and dashcam footage: There may be video evidence of either the hit-and-run accident or the hit-and-run driver fleeing the scene. Video can show the accident’s details and the car’s make, model, and license plate.
• Physical evidence: This includes any material evidence left at the scene, such as car parts, paint chips, or tire marks, which can be matched to the suspect’s vehicle.
• Digital and forensic evidence: Advanced techniques, such as analyzing GPS data from the suspect’s vehicle or mobile phone records, can locate the suspect at the scene.
• Injury reports and damage assessments: Documentation of your injuries and property damage can help establish the severity of the incident, influencing whether the case is treated as a misdemeanor or a felony.

The Role of Witnesses and Surveillance in Hit-and-Run Cases

Evidence such as witness statements, photographs, or videos of the accident or the accident scene, and circumstantial evidence like tire tread marks matching the defendant’s vehicle can help the prosecutor establish that the defendant was involved or at fault in the accident.

The police officer who responded to the accident could testify that the defendant was not present at the scene. An eyewitness could testify that they saw a vehicle with a license plate number matching the defendant’s car fleeing the area. Other criminal charges could also support the prosecutor’s case, such as if the defendant has prior arrests or convictions for hit-and-run, DUI, or other offenses involving motor vehicles.

The injured person can testify about their injuries if they are able to do so. Their doctors can testify about the injured person’s medical treatment and the impact their injuries will have on their life.

Once the prosecutor has presented all of the state’s evidence, the defendant puts on their case. The main job of a criminal defense attorney is to convince a jury or judge that reasonable doubt exists as to whether their client is guilty. The defense lawyer may call their witnesses and present their evidence.

How Can I Gather Evidence at the Scene of an Accident?

Documenting every detail at the time of an accident is critical. This information could help you later to build a stronger case. As soon as it is safe for you to do so, consider the following steps:

• Take photos of the damage to your vehicle and other vehicles or property.
• Locate and photograph any skid marks from the accident.
• Look for paint transfers on the property or other vehicles to photograph.
• Look around for any surveillance cameras that might help show what happened.
• Take a video of the surrounding area to outline the layout.
• File a police report if the police did not arrive at the scene. If they did arrive, they may help to capture evidence at the scene that could be beneficial later.
• Seek medical attention if you have injuries, as those medical records can also be beneficial to your claim.

The more information you have, the stronger your case becomes. However, you should never put yourself at risk to get this information.

Understanding the Burden of Proof in Hit-and-Run Cases

The burden of proof involves two factors to consider. First, the prosecutor will work to prove that the defendant committed a hit-and-run crime. Unlike other forms of personal injury, hit-and-run accidents could lead to criminal actions. The prosecutor’s job is to prove beyond a reasonable doubt that the defendant committed the crime.

The defense team’s goal is to prove that some or all of the evidence in the case is inaccurate or otherwise casts doubt on the prosecution’s case. The defense team’s objective is to raise doubts about the prosecution’s evidence and challenge whether guilt has been proven beyond a reasonable doubt. The types of evidence can play a big role in determining what the court ultimately decides.

A Step-by-Step Guide to Hit-and-Run Cases

After a Michigan hit-and-run accident, you can pursue damages from the hit-and-run driver in civil court at the same time as their criminal trial. Additionally, even if the driver is not found guilty of a criminal offense, they may still be held liable for your compensation in the civil lawsuit.

1. Police report: The victim or witnesses should report the incident to the police immediately. The police will investigate and attempt to locate the hit-and-run driver.
2. Seek medical attention: Seek immediate medical attention if you are injured. A doctor can identify and treat your injuries, and the medical documentation is useful evidence of both your injuries and the expenses you incur.
3. Gather evidence: Collect as much evidence as possible, such as photos of the scene, contact information for witnesses, and a police report. This evidence will support your case in court.
4. Speak with a lawyer: It’s crucial to seek advice from a Michigan personal injury attorney with experience in handling hit-and-run incidents. Your lawyer can advise on your legal options, the strength of your case, and your potential for compensation.
5. File the lawsuit: Your lawyer will file a complaint in a civil court. This document outlines the legal and factual basis of the claim against the defendant (the hit-and-run driver, if identified).
6. Service of process: The defendant must be legally notified of the lawsuit. This procedure is typically done through a process server who delivers the legal documents to the defendant.
7. Discovery phase: Both parties exchange information and evidence. This phase may include depositions, requests for documents, and interrogatories.
8. Negotiations and mediation: Often, civil cases are settled out of court. Parties may negotiate a settlement or engage in mediation to avoid a trial.
9. Trial: If a settlement isn’t reached, the case goes to trial. Both sides present their evidence and arguments, and a judge or jury makes a decision.
10. Judgment and collection: If the plaintiff wins, the court will issue a judgment for damages. Collecting the judgment may involve additional legal steps, especially if the defendant is uninsured or lacks assets.
11. Appeals: Either party can appeal the court’s decision if they believe there has been a legal error.

What is the Difference Between a Felony and a Misdemeanor Hit-and-Run?

The key difference between a misdemeanor hit and run and a felony offense is the extent of damage caused by the accident. A person may be charged with and convicted of a misdemeanor or felony offense for leaving the scene of an accident, regardless of whether they were at fault. In certain situations, however, the penalties for hit-and-run charges are much more serious if the driver is at fault for the accident.

Misdemeanor hit-and-runs involve property damage or relatively minor bodily injury. A person who leaves the scene of an accident that only results in damage to a motor vehicle is guilty of a misdemeanor punishable by up to 90 days in jail and/or a fine of up to $100. If the accident resulted in injury to a person, whether they were a motorist, passenger, or bystander, the person is guilty of a misdemeanor and could face:

• Imprisonment of up to one year
• A fine of up to $1,000
• Suspension of their driver’s license

Felony hit-and-runs occur when serious injury or death occurs due to the accident. If a driver who was not at fault for the accident leaves the scene where someone suffered “serious impairment of a body function or death,” they are guilty of a felony and could face a maximum of five years of imprisonment, a $5,000 fine, or both. A driver who was at fault in an accident that resulted in a fatality faces stiffer penalties for leaving the scene of up to 15 years in prison and/or a fine of up to $10,000.

What is the Conviction Process for a Felony Hit-and-Run Case?

In any criminal case, the prosecutor has the burden of proving a defendant’s guilt beyond a reasonable doubt. This is the most difficult burden of proof in our legal system. Since criminal charges can result in jail time and other penalties, the prosecutors must produce as much evidence as possible to establish guilt.

A criminal charge alleging the most serious type of felony requires evidence of the following:

• An auto accident occurred
• The defendant was at fault in the accident
• The defendant failed to stop at the scene of the accident or notify the police
• The accident resulted in the death of a person

In a lower-level felony hit-and-run, the prosecution doesn’t have to prove the defendant’s fault. They do, however, have to prove that the accident caused someone to suffer serious injuries.

Is the Conviction Process for a Hit-and-Run the Same for Misdemeanors?

The general procedure for misdemeanors and felonies in Michigan is the same, although each court may have its own procedures for certain matters. The prosecutor still has the burden of proving guilt, with the main difference being that they only need to prove that injury or property damage occurred, rather than serious injury or death.

While the procedures and legal requirements are the same for felony and misdemeanor hit-and-run cases, one important difference involves whether police and prosecutors will be willing or able to commit the resources to a case. Police are more likely to investigate, and prosecutors are more likely to seek a conviction in a case where someone died.

Can I Pursue a Personal Injury Lawsuit in a Hit-and-Run Case?

As the victim of a hit-and-run accident, you have the right to file a personal injury lawsuit against the at-fault party. You will need to build your claim, often with the help of a personal injury lawyer, using all the evidence you have. You will need to show:

• Evidence of injuries, such as medical records for care received after the accident
• Financial loss, including medical bills, lost wages, and pain and suffering
• Negligence, which indicates the driver owed you a duty of care, they breached that duty of care, and the breach caused the accident in which you suffered injuries

The latter scenario often means you will need to know who the at-fault driver is. An experienced attorney can guide you through the intricacies of hit-and-run laws, advocating for the police department to make every effort to locate the responsible driver. Once the driver is located, you can seek compensation from them if you can prove your losses.

Establish an attorney-client relationship so that your lawyer can help you build your case before you file an insurance claim against that party.

How Do Insurance Companies Handle Hit-and-Run Claims?

An insurance company will pay for the damages their at-fault driver caused, even in a hit-and-run incident. You can file a claim with your uninsured motorist policy if you do not know who the at-fault driver is. This is an insurance policy you purchase to cover your risks if a driver flees the scene of an accident you did not cause. In these situations, you will need to provide evidence of your losses, including medical bills, property damage, and lost wages. You can then pursue losses up to the amount of coverage you have.

It is critical to act quickly in these cases. Your insurance policy may mandate that you take action within a specific amount of time. You also want to verify that any evidence, such as paint transfer, footage on security cameras, and other details, remains available to you.

What if the Hit-and-Run Driver is Uninsured?

If the police find the driver who caused the hit-and-run incident, but that driver does not have insurance, you can file a claim in two ways. Your uninsured motorist coverage will cover your losses for claims up to the value of your policy. It is possible to file a lawsuit against the at-fault driver as well, seeking to recover damages from their assets. This may be harder to do than filing an insurance claim simply because the person may not have valuable assets to recover.

Why File a Civil Case for a Hit-and-Run?

Criminal hit-and-run cases in Michigan may result in fines and jail or prison time for a defendant. However, they do not result in any sort of compensation for someone who suffered injury or property damage. To obtain damages for losses like medical expenses or lost wages, a civil claim for personal injury is necessary.

An injured person might be able to get damages from the defendant’s insurance company. They can recover from their insurance company under Michigan’s no-fault law. If they cannot negotiate a settlement with an insurer, it might be necessary to file a civil lawsuit.

How Can a Lawyer Help Me in My Hit-and-Run Case?

An experienced lawyer is a core asset in a hit-and-run case. The first step will be for the attorney to complete a full case evaluation to determine the route to moving your claim forward. After this consultation, your attorney will then offer insights into the following areas.

• Gathering evidence: Whether it is tapping into available traffic cameras to see vehicle damage as it happens or seeking details from accident experts about the skid marks on the pavement, your attorney gathers the valuable evidence you need.
• Building your claim: Your attorney will also help you value your case by proving all of your losses.
• Negotiating with insurance companies: This could be your uninsured motorist policy as well as the at-fault driver’s policy.
• Pursuing a personal injury lawsuit: When applicable, your lawyer can help you pursue a personal injury lawsuit against those responsible for your injuries.
• Seeking fair compensation: Your lawyer works to build a strong case and protect your rights throughout the claims process.

Why Clients Choose Matz Injury Law

Matz Injury Law is a dedicated personal injury law firm serving the region. When you hire our legal team to help you navigate your case, you work with a legal team with years of experience as well as a proven track record of success. We have helped recover millions of dollars in losses by providing exceptional legal representation and hands-on support to victims. When you seek our law firm for legal advice, insurance policy navigation, or help with handling your losses, you can expect outstanding legal support.

Testimonials

“After a vehicle accident you should seek legal representation whether or not you are at fault. I contacted Matz Law Firm by leaving a message and received a return call promptly from attorney Jared Matz. We agreed that I would send accident specifics via email. Upon receipt, he contacted me immediately, offering his opinion and advice. He was very thorough and explained the financial and legal considerations for each decision. I trusted Jared Matz and all issues were reasonably and effectively resolved. Jared Matz has great communication and negotiation skills, a good understanding of the law, and broad legal experience. Attorney Jared Matz and his staff were consistently courteous, considerate and empathetic. My interactions with Jared Matz and the Matz Injury Law Firm resulted in a good outcome. Because of my positive experience with Jared Matz as my legal representative, I recommend attorney Jared Matz and Matz Injury Law Firm” — Annette L.

“Steve Matz deserves more than 5 stars! He went above and beyond to help me with my automobile accident/lawsuit, and stayed in constant contact with me. He cared about me as a person and how I was feeling or doing. I will recommend him to anybody who ever asks me, he has been amazing!!!!! Mr. Matz I can never thank you enough for what you have done for us. Thank you for always being authentically and truly you, You are definitely a fighter for what’s right.” — Holly L.

“I cannot speak highly enough of Steve and his team! Everyone is so friendly and professional. Steve always kept me in the loop during the whole process and I tried to do the same. I love that Steve is such an honest person, he’s not going to sugar coat anything but he’s also not rude about it either. Whenever I needed to talk to Steve he was always there and still always will be, I know I can always trust him and if I need anything he will help me out. I seriously couldn’t have asked for a better lawyer to share this journey with, if I had to do it all over again I wouldn’t change my lawyer and if I ever need a lawyer again he will always be my first choice. Suing anyone is really messy and for the most part no one wants to deal with it, but if you have to, make sure you’re choosing the right lawyer. Steve actually genuinely cares about his clients and their well being and he and his team will walk you through anything you need help with, it took a lot of stress off of me knowing Steve and his team were always by my side and I love the feeling of people that actually care about you. They aren’t there to just take your money and whatever happens, happens. I truly believe they are in the business because they care and want to fight to get people justice. Choose right, choose Matz Injury Law and I guarantee you won’t regret it! Thank you Steve and your team for everything you do and have done for me, I can’t thank you guys enough, stay well and amazing!” — Kristina K.

Related Resources

• How Long Does a Car Accident Settlement Take?: While your personal injury lawyer will provide specifics in your case, most hit-and-run accident settlements can take some time, especially if your case must go to court.
• For My Car Accident Case, Can I Use a Black Box?: A black box can be a valuable piece of evidence when vehicle damage occurs in a car accident. Learn how a black box, along with other data such as traffic cameras and surveillance footage, can help you prove your case.
• Are Car Accident Settlements Taxable in Michigan?: Your car accident settlement is not considered income. It is generally not considered taxable income, but here is what you need to know.

Do Not Let Reckless Drivers Run Away With Your Rights. Call Now for a Free Consultation.

When you are suffering injuries from a hit-and-run driver, seek legal advice from Matz Injury Law. Our attorneys are a phone call away at 1-866-22Not33. You can also fill out our online form for fast help and support.