Legal Question in Traffic Law in Virginia

Hit and Run Accident Victim

My son was involved in a hit and run accident on I295 on 5/30/05

at 8:15pm, but he did get the license plate number and a

description of the other car. Before he could call 911, a Trooper

pulled up behind him. The Trooper gave my son a thumb up and

my son returned a thumb down. So the Trooper motioned for my

son to come over to his car, and then asked why he was on the

side of the road. My son said he was sore and explained what

happened. The VA State Troop did not get out of his car to look at

my son or his truck. He said he didn't think there was enough

damage to write a report and he did not call for medical help. The

Trooper told my son to get back in his truck and keep on moving.

That if he felt worse later, to seek medical attention. And if he

found problems with his truck to contact his insurance company.

The Trooper was gone before my son could get back into his truck.

The insurance company will not do anything without a report. The

Trooper says he will only do a report if the other driver confesses,

just today (6/3/05) did the Trooper take the license plate number.

The medical bills are piling up. What do we do? Aren't there rules

regarding Hit and Run Accidents?


Asked on 6/03/05, 7:21 am

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Hit and Run Accident Victim

It is an easy answer to say see a lawyer, but that is the correct thing to do in this situation. You do not need the police to do anything, although it would be helpful and right if they did. The police taking action will not pay your son's medical bills. In fact, ironically, if a defendant is hit with criminal fines, that may be money that he can't pay you, and if he goes to jail, even for a week or so, he may lose his job and again be unable to pay you. So it may not help you any if the police take action, even though a conviction is very strong evidence for your claim for money in a lawsuit. But it is not necessary. Given that the trooper is being uncooperative already, don't waste your time. Go get a personal injury lawyer and sue the driver for your damages.

A good personal injury attorney will be able to locate the driver through the DMV, or at least the owner of the car who should know who was driving. The attorney will be able to sue for all costs, including medical bills.

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Answered on 6/04/05, 2:17 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Hit and Run Accident Victim

Your report contains confusing information, namely I-295 runs through DC and Maryland and not anywhere in Virginia. Perhaps, you mean I-395? You could certainly contact the Virginia State Police and ask to speak with the supervisor of the state trooper whom you've referenced and explain what happened and request that the trooper write a report with a copy forwarded to you or your son.

Your son would also have a cause of action in civil court against the hit and run driver which he would need an attorney to prosecute effectively.(If your son has the license plate #, there are numerous ways to track down the miscreant driver of the vehicle who caused the accident.)

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Answered on 6/03/05, 5:47 pm


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