Hit-and-Run DUI: Who Pays?

Consuming too much alcohol has been linked to making bad decisions, such as getting behind the wheel. After that initial bad decision, intoxicated drivers may make many other poor choices, such as speeding or failing to calculate appropriate distances. All too often, this results in car accidents.

According to A.J. Bruning of Bruning Law Firm – a personal injury firm in St. Louis, an alarming number of drunk drivers flee the scene. This begs the question: After a hit-and-run DUI, who pays?

While Missouri is a fault-based state and the drunk driver is liable, that could put you in a more confusing situation if they drive away. Read on to find out more about why drunk drivers flee, what state law says, and what you can do if you’re faced with the aftermath a drunk driver has left for you.

Accident Requirements Per Missouri Law

Missouri law requires that anyone who gets into a car accident remain at the scene and call the police if there is property damage over $1,000, injuries, or fatalities. Leaving the scene classifies it as a hit-and-run offense which is charged as a misdemeanor if it only involves property damage. If someone suffers injuries or dies from the hit-and-run accident, the charges are upgraded to felony status.

Common Reasons Why Drunk Drivers Cause Hit-and-Run Accidents

The primary reason that drunk drivers cause these types of accidents is due to alcohol impairing their judgment and decision-making. They have slower reaction times which make it difficult for them to react to changes in traffic ahead or any sudden hazards in the road.

Some may even fall asleep at the wheel out of deep intoxication. There is no excuse for driving in such a condition, and the law is very clear about that. When a drunk driver crashes into another vehicle, they often take off from the scene, either because they are afraid of punishment or they may not even realize what they have done.

Why do they leave?

• Attempting to Avoid DUI Charges: This is the primary reason why a drunk driver will flee, and those who have prior DUI convictions are most likely to hit and run.
• Fear of Consequences: After the initial bad judgment of driving drunk, an intoxicated driver may panic and irrationally think that leaving the scene is a better idea to avoid punishment.
• Running from Legal Issues: Drivers who cause hit-and-run DUI accidents often have outstanding warrants for other crimes or lack auto insurance.
• Planning to Come Back After Sobering Up: Some drunk drivers reason that if they go home to sleep it off and then turn themselves in once sober, they will minimize their legal woes.

Who Pays My Damages in a Hit-and-Run DUI Accident?

The drunk driver is the person who is responsible for causing the accident, and by state laws, they should be held liable for your injuries and other damages. However, if they flee and can’t be found, you will have to go through your own insurance to take care of your medical bills.

Uninsured Motorist (UM coverage) is required as part of your car insurance package in Missouri, and that’s a good thing if the police can’t find the drunk driver who caused your accident. This coverage will step in to cover your injuries up to the policy limits. Collision coverage will take care of your property damage, though you will likely need to pay a deductible.

What to Do After a Hit-and-Run Accident in Missouri

When another vehicle crashes into yours and then drives away as though nothing happened, it is a hit-and-run accident, and it becomes a crime. While the criminal aspect of this accident will be handled by law enforcement and the criminal justice system, your legal rights allow you to pursue civil action against the other driver.

Take the right steps to help protect your rights and see justice served:

Report it to 911

Call the police to tell them you’ve been in an accident, and if the other driver already left, make sure you give them as many descriptive details as you can recall such as the make, model, and color of the vehicle and which way it was headed. They will deploy officers to look for that vehicle and send a unit to assist you.

Get Photos of Everything

Some hit-and-run accident victims get a little extra time before the other driver leaves, and that can help their case. If the driver doesn’t take off immediately, take photos of their vehicle, including the license plate. This gives you a better chance of holding them accountable for the accident. If they’ve already left, you can still document the damage to your vehicle, any skid marks, or other damage they caused.

Talk to Witnesses

Other people may have seen the entire accident take place. Some may have seen the driver stagger out of a nearby bar, spoken with them and smelled alcohol on their breath, or other pertinent details that can help your case. They may be able to describe the driver, their vehicle, or recall the license plate number.

Record a Note on Your Phone

Leaving yourself a voice memo note on your phone can be helpful as the details will become fuzzier as time passes or as your injuries progress. Speak about what you remember before, during, and after the accident. You may recall a crucial detail that could prove useful in finding this driver.

Seek Immediate Treatment for Injuries

After the police have arrived, they will likely ask if you are hurt. You may not see anything wrong with you, though it is always best to have your health evaluated, especially if the accident was severe. Traumatic brain injuries and internal organ damage can be deadly if they aren’t treated, and these injuries usually don’t show visible signs right away.