Injured in a Hit-and-Run in Oklahoma City? Here’s What to Do Next

The morning of August 20, 2024, was just like any other for the daughter of Maria Herrera of Oklahoma City. She was headed to school when another driver slammed into her parked car, continuing down Shartel Avenue until they collided with a tree and fled the scene on foot. Maria’s daughter had just become the victim of a hit-and-run.

While Maria’s daughter was fortunate to walk away unscathed, many hit-and-run victims aren’t as lucky. These accidents can result in severe injuries and even fatalities. The impact of a hit-and-run can be devastating, especially if the other driver is never caught.

Hit-and-run statistics

Hit-and-run accidents are a serious and persistent problem across the nation. In 2022, 2,932 people died in hit-and-run crashes. In fact, about one in four pedestrian and cyclist fatalities involved a driver who left the scene. These numbers highlight how common and dangerous hit-and-runs can be. Even in cases where the victims survive, many are left to deal with medical bills, vehicle damage, and other consequences without the assistance of the responsible party.

Oklahoma’s hit-and-run law

In Oklahoma, the law is clear: any driver involved in an accident that causes property damage is required to stop at or near the scene to report it. If the driver fails to stop, it’s considered a misdemeanor. Under 47 OK Stat § 10-103 (2024), this is punishable by a fine of up to $500 or a jail sentence of up to one year in county jail. In addition to this, the driver at fault can be liable for up to three times the amount of damages caused by the accident. These damages can be pursued in civil court through a personal injury claim. In the event of a hit-and-run that causes personal injuries, the consequences are much worse. In fatal hit-and-runs, Oklahoma statute 47 OK Stat § 10-102.1 (2024) states that the driver may face up to ten years in prison, in addition to other penalties.

Unfortunately, when hit-and-run drivers flee the scene, it can become difficult to hold them accountable. But even in cases where the driver is not caught, there are still options for victims to seek compensation and begin the process of recovery.

What to do immediately after a hit-and-run

If you’ve been involved in a hit-and-run, it’s crucial to stay calm and take the following steps:

1.   Stay calm and stay safe.

After a hit-and-run, emotions can run high, but it’s important to remain calm. First, make sure you are in a safe location. Do not attempt to chase the fleeing driver, as this could put you and others at risk.

2.   Check for injuries.

Assess your own condition and check for any injuries. If you are with passengers, ensure they are okay as well. If there are any serious injuries, immediately call 911 for medical assistance. If injuries are minor, make sure to seek medical attention as soon as possible.

3.   Report the accident to the authorities.

Reporting the accident is essential. If there are serious injuries or significant damage, call 911. For minor accidents, you can reach the Oklahoma City Police Department’s non-emergency line. A police report will be crucial for filing your insurance claim and for the investigation of the incident.

4.   Begin gathering evidence.

Start gathering information at the scene. This could include taking photos of your vehicle, the surrounding area, and any visible injuries. Write down as much detail as you can remember about the other vehicle, such as make, model, color, and any distinguishing features. If there were any witnesses to the accident, make sure to get their contact information as well.

5.   Report the accident to your insurance.

Contact your insurance provider as soon as possible. Many insurance companies have apps to help make reporting accidents easier and quicker. Be sure to file your claim within 24 hours of the incident.

Seeking compensation after a hit-and-run

The process of recovering damages after a hit-and-run might not follow the procedure of a regular car accident. If the driver is found, your insurance will work to recover damages from their provider.

Since many hit-and-run drivers are never identified, however, victims often worry about how they will recover their losses. Fortunately, there are a few options that may help you still recover compensation:

1. MedPay (Medical Payments Coverage): MedPay can help cover medical and funeral expenses, regardless of fault. This type of insurance is available in many policies and can provide peace of mind during a stressful time.
2. Uninsured/Underinsured Motorist Coverage (UM/UIM): Oklahoma requires insurance companies to offer uninsured and underinsured motorist coverage. This coverage can help pay for medical expenses and, in some cases, property damage if the at-fault driver cannot be identified or if they don’t have sufficient insurance.
3. Uninsured Motorist Property Damage (UMPD): Although less common, some Oklahoma insurers offer Uninsured Motorist Property Damage coverage. This option may help cover damages to your vehicle if the other driver is not found or doesn’t have enough insurance.
4. Collision Coverage: Collision coverage is another option that can cover vehicle damage, regardless of who is at fault. While it’s not always required, it can help you recover auto repair-related damages after a hit-and-run if you have this coverage on your policy.

Why contact an accident attorney after a hit-and-run?

Dealing with the aftermath of a hit-and-run can be overwhelming. A personal injury attorney can help you seek compensation and work to recover the financial support you need. Here’s how an attorney can assist:

• Work with authorities to investigate the hit-and-run and identify the at-fault driver.
• Help you file a lawsuit against the driver if they are found.
• Negotiate with insurance companies to ensure you receive full compensation.
• Represent you in court if necessary.

Cunningham & Mears: Oklahoma City hit-and-run attorneys

At Cunningham & Mears, our team has over 100 years of combined experience helping hit-and-run victims navigate Oklahoma’s traffic and insurance laws. We understand the extent of your damages, work with insurance adjusters, and fight for the compensation you deserve.

If you’ve been injured in a hit-and-run in Oklahoma City, let us help you during this difficult time. Contact us today for a free consultation.