Accidents involving pedestrians cause significant, sometimes life-threatening injuries. To add literal insult to injury, at-fault drivers sometimes flee the scene after striking their victims. This leaves the person not only hurt, but in a difficult position to win compensation for their injuries.

If a driver hit you and then left the scene, you have a trusted legal ally in Hunt Law Firm. Our Santa Fe personal injury attorneys advocate for the rights of pedestrians involved in these types of wrecks, working for the justice they deserve.

What Should Drivers Do After an Accident?

New Mexico law requires motorists who have struck pedestrians to stop and provide their name, contact, insurance, and license information. If they leave the scene of the accident, they could face misdemeanor or felony charges depending on how serious the accident was.

if the accident resulted in a pedestrian’s injury, death, or property damage of at least $500, the driver must immediately call the police. Injury is almost certain if a pedestrian is involved, so practically speaking the driver should call the police regardless. An officer will then come to the scene and generate a police accident report.

Drivers in Santa Fe must also have sufficient automobile insurance coverage, which includes (at a minimum):

  • $25,000 for bodily injury to or the death of one person
  • $50,000 for bodily injury to or the death of two or more persons
  • $10,000 for property damage in any one accident

Unfortunately, hit and runs often happen because the at-fault driver either had no insurance or did not have enough insurance. However, as discussed below, the pedestrian victim does have options for covering their medical bills and losses.

What Should Pedestrians Do After an Accident?

The steps you take immediately after being in a pedestrian accident are critical for protecting your health and your legal rights, and for identifying the hit and run driver. We recommend that you do the following:

  • Get to a safe place and call 911: If you are able to move, get away from the flow of traffic and call 911 to report the accident. Ask for police and medical assistance.
  • Get medical attention: You will probably need emergency, on-site care and an ambulance. Regardless, you should see a doctor immediately, even if you don’t feel hurt.
  • Tell the police what you know: Make note of anything you know about the driver – including their physical description and the vehicle they were driving – and tell the police. They will generate an accident report which will be useful evidence.
  • Document the accident scene: Take pictures and videos of where the hit and run happened, including your injuries and any landmarks. Note any surveillance cameras in the area.
  • Ask witnesses what they saw: Talk to any witnesses about what they observed and get their names and contact information. Encourage them to speak with police.
  • Call our Santa Fe law office: Once you complete the above steps, reach out to us. We can work on finding the driver and explain coverage options for your injuries.

Compensation Options After a Hit and Run Pedestrian Accident

Being struck by a vehicle is a serious event that can leave a victim with permanent injuries. Pedestrian victims incur major medical bills, lose time from work (and possibly lose their career entirely), and experience immense pain and suffering. Fortunately, you do have options that you can explore with your attorney.

Finding the driver

Your Santa Fe pedestrian accident lawyer will work with police, and independently, to investigate the accident scene and try to locate the driver. This involves considering such evidence as:

  • Camera footage: We live in a society in which cameras are virtually everywhere. We will take the steps to obtain and review footage from surveillance cameras, dashcams, doorbell cameras (e.g. Ring), personal smartphone cameras, and anything else that recorded the crash.
  • Witness statements: If there were eyewitnesses to the hit and run, we will speak to them early before they forget key identifying details. We will also talk to you, the victim, about what you saw. Anything pertaining to the vehicle’s or driver’s description will be helpful.
  • Accident scene evidence: Evidence left at the scene, such as vehicle debris and skidmarks, may seem unimportant. But these items can help locate a driver or link a suspected hit and run driver to the accident, so we will examine it.
  • Police reports: The police will conduct their own investigation and generate accident reports with useful details. We will work closely with law enforcement and do what we can to help them bring the driver to justice.

Holding the driver liable

If we or the police are able to find the driver, we can then determine whether the person had insurance. It’s likely they did not, but the pedestrian victim has the option of personally suing the driver. The issue is not whether you can sue the driver personally but whether they will have property and assets to cover your losses.

Some drivers do and others don’t, so we will have to further investigate. If the driver has the following assets in Santa Fe (among others), the pedestrian victim can potentially use them to satisfy their medical bills and other financial losses:

  • House or other real property
  • Automobile
  • Boat, RV, motorcycle, or other vehicle
  • Bank account
  • Business assets

The pedestrian’s insurance policy

If you have an automobile insurance policy and it contains uninsured or underinsured coverage, you may be able to file a claim against it. These coverages are not requirements but they are strongly recommended, especially for cases like this. You may have other coverage options, for example those specifically covering medical bills.

Contact Our Santa Fe Hit and Run Pedestrian Accident Attorney

If you’re a pedestrian victim of a hit and run accident, we understand the apprehension you are experiencing. When you retain us, you will have a committed legal advocate who will work to identify the responsible driver and, regardless, fight for the compensation you deserve. Give Hunt Law Firm a call or complete our online contact form today.

Frequently Asked Questions About Pedestrian Hit and Run Accidents

Does New Mexico have a crime compensation fund?

New Mexico does have a compensation fund for victims of certain violent crimes. Depending on the facts of your case, you may qualify for funds to cover your medical bills, lost earnings, and more. Our team can review your case and explore this as a potential option for you.

My insurance company is refusing to pay; what should I do?

If you are able to use your auto insurance policy to cover your injuries, you may still encounter pushback from the insurer. Our experienced Santa Fe accident attorneys can help you claim the payout you deserve. Before talking to your insurance, give us a call.

Can other parties be held liable?

Even if the driver flees the accident, it is possible for other parties to be held liable. For instance, a government entity responsible for the roads may have allowed a broken traffic signal that contributed to the crash. We will investigate your accident and determine all parties who may be responsible.