While the physical injuries from a hit and run accident can be serious, it’s often the lingering uncertainty and helplessness that affect victims most. Who will pay for your medical bills? What if the other driver is never identified? And how can you claim if no one is there to take responsibility?
At Tronfeld, West & Durrett, we’ve helped Virginia victims navigate these challenges, and our hit and run lawyers can explain exactly what steps you should take after an accident
What Is a Hit and Run Accident in Virginia?
Virginia law defines a hit and run as any situation where a driver involved in a crash fails to stop, provide their contact information, and render aid when necessary. Under Va. Code § 46.2-894, it is a criminal offense for someone to flee the scene of an accident without fulfilling these duties, particularly if someone was injured or killed.
Despite strong laws, hit and run crashes continue to happen across the state. According to the Virginia Department of Motor Vehicles, in 2024 there were 27,630 incidents involving speeding drivers, and 718 were classified as hit and run crashes, making up 2.6% of all speed-related accidents. That number may appear small at first glance, but each case represents a victim left without answers and often without the immediate financial support they need.
Common Types of Hit and Run Incidents
Hit and run cases can occur under many circumstances, not just high-speed chases or late-night crashes. Here are some of the most common:
- Collisions between two vehicles, especially in intersections or on highways
- Pedestrian and cyclist strikes, often resulting in serious or fatal injuries
- Property damage only accidents where drivers flee to avoid liability
- Parking lot crashes where someone hits a parked car and leaves no note
In many of these scenarios, negligent driving is a core factor. In fact, as explored in this article on the number one cause of car accidents in Virginia, driver error and reckless choices continue to fuel preventable harm on the road.
Criminal vs. Civil Consequences for the Fleeing Driver
A hit and run may lead to criminal charges under Virginia law, ranging from misdemeanors (for property-only damage) to felonies (if injury or death occurs). However, criminal prosecution is separate from your right to pursue civil damages.
Even if the fleeing driver is located and charged, that doesn’t automatically result in compensation for your medical bills, lost income, or pain and suffering. That’s why civil claims, guided by a personal injury attorney, are critical. They focus not on punishing the offender, but on helping you recover financially and physically.
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Why You Need a Hit and Run Accident Attorney Right Away
If you’re dealing with the aftermath of a hit and run in Virginia, the clock starts ticking immediately. Evidence can disappear, surveillance footage may be erased, and insurance companies often use delays to reduce what they pay. This is why it’s crucial to involve a lawyer as soon as possible.
At Tronfeld, West & Durrett, our car accident lawyers take swift, proactive steps to protect your rights and set the foundation for your claim from day one.
Immediate Legal Protection and Guidance
You may be unsure of what to say to your insurer, whether to speak with police again, or how to track your medical records. A lawyer can help you avoid critical missteps, protect your rights, and ensure your actions strengthen your case, not weaken it.
Starting the Investigation While Evidence Is Fresh
Identifying a hit and run driver often comes down to the earliest hours and days after the crash. We immediately begin looking for:
- Surveillance footage from nearby homes, businesses, or traffic cams
- Dashcam video (your own or from witnesses)
- Physical evidence, such as debris or paint transfer
- Eyewitness accounts that may narrow down vehicle details
- Police reports and 911 dispatch logs
The sooner our team can begin this work, the better chance we have at building a strong case, whether the driver is identified or not.
Identifying All Possible Compensation Sources
Even when the driver is never found, you are not out of options. Virginia drivers are often eligible to pursue a claim through uninsured motorist (UM) coverage. Under Va. Code § 38.2-2206, your own policy may be required to pay damages when the at-fault party cannot be identified or is uninsured. A lawyer can help ensure the insurance company honors this responsibility.
In addition to UM coverage, we also evaluate whether you have access to medpay, umbrella policies, or other third-party liability claims that could enhance your compensation.
How an Attorney Investigates a Hit and Run Crash
Building a successful hit and run injury claim requires far more than just filing paperwork. Your attorney plays a critical role in assembling and interpreting complex evidence to uncover what happened—and who should be held responsible.
What Lawyers Look for in the Early Stages
When you hire a hit-and-run accident lawyer, the investigation typically begins with a full review of the police report. But often, that’s only a starting point. Lawyers also examine:
- Emergency responder records that document injuries and scene conditions
- Vehicle damage patterns, paint transfers, or surveillance footage
- Security camera video from nearby intersections, homes, or businesses
- Data from private investigators or accident reconstruction specialists
- Statements from eyewitnesses whose information may not be in the initial report
At Tronfeld, West & Durrett, our team also works closely with local prosecutors and law enforcement if a criminal case is underway, helping to bridge the gap between the criminal and civil justice systems.
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What If the Hit and Run Driver Is Never Found?
This is a question we hear often—and fortunately, the answer is that victims still have viable paths to recover damages, even if the at-fault driver cannot be located.
Filing a Claim Through Your Own Insurance
Your auto insurance policy likely includes coverage for uninsured motorists (UM) or medical payments (MedPay). This can provide compensation for medical bills, lost wages, and pain and suffering in hit and run scenarios. However, insurers don’t always make it easy. They may argue that your injuries weren’t caused by the accident, or offer a low settlement that doesn’t account for long-term care or non-economic losses.
Your Legal Rights Under Virginia Insurance Law
Virginia’s Insurance Code protects consumers from unfair claim denials and delays. If your insurer fails to honor your policy terms or acts in bad faith, your attorney can file a formal complaint or initiate legal action to recover what you’re owed.
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Contact a Virginia Hit and Run Accident Attorney Today
An experienced hit and run accident lawyer at Tronfeld, West & Durrett can help you understand your rights, build a compelling case, and pursue the full compensation the law allows.
We offer free consultations and only get paid if we win your case. To speak with a Virginia hit and run attorney who knows how to fight for justice, reach out to us today.
Call or text 800-321-6741 or complete a Free Case Evaluation form