What is the Hit-and-Run Investigation Process in Virginia?

Under Virginia law, if you get into a motor vehicle accident that results in another person being injured or killed, or if the accident results in damage to another vehicle or other property, then you have legal duties in the aftermath of the crash. These duties include the following:

• Stopping at the scene of the accident, or as close to the scene as possible without obstructing traffic.
• Providing your name, address, driver’s license number, and vehicle registration number to the person struck or injured (if that person can understand and retain the information), or to the driver or another occupant of the other vehicle involved in the collision, or to the owner or other custodian of any damaged property.
• You must also report the same information to local police or to the Virginia State Police as soon as possible.
• If anyone is injured in the accident, then if that person requests it or if it is otherwise apparently necessary, you must provide reasonable assistance to that person, including taking that person to medical treatment by a doctor, surgeon, or hospital.
• If you cannot provide the required information above at the scene of the accident because of injuries you have sustained, then as soon as is reasonably possible, you must provide it to local police or the Virginia State Police and make a reasonable effort to find the person or persons to whom you must provide the information required above.

If a driver does not comply with these legal duties, then that person will have unlawfully left the scene of an accident. In common terms, we call this a “hit-and-run,” a crime punishable as either a Class 1 misdemeanor or a Class 5 felony, depending on whether anyone is injured or killed and whether property damage is $1000 or more.

If you are the victim of a hit-and-run accident in Virginia, then the police will investigate the accident to locate the offending driver. In this post, we discuss what happens in a hit-and-run accident investigation and what you can do to help law enforcement in the investigation process.

If you have been in an accident with a hit-and-run driver, the personal injury attorneys at Phelan Petty Injury Lawyers can help. Call us today to speak with one of our personal injury specialists and to schedule a free case evaluation with us.

How does a police hit-and-run investigation work?

The beginning of a police investigation after a hit-and-run crash is to send an officer to the accident scene to gather evidence. This includes the following activities:

• Getting statements from victims and witnesses describing the hit-and-run vehicle, its driver, and any passengers.
• Taking photographs of the scene, including damage to vehicles and property.
• Collecting material evidence that may help to identify the hit-and-run driver’s vehicle, like parts and paint chips from that vehicle, and cross-referencing this evidence against vehicle registration databases to try to identify the kind of vehicle involved in the crash.
• Checking the area for any surveillance cameras that may have captured video or images of the hit-and-run vehicle or its occupants.
• Documenting injuries and property damage.

After the initial accident scene investigation, the police may issue a public appeal for help in identifying and locating the hit-and-run vehicle. To the extent possible, they will also work with other public agencies to gather data to find the hit-and-run vehicle and its driver.

For example, if the other driver traveled on a toll road, an automatic license plate reader may catch the plate number of the vehicle, or if the other driver was injured and sought emergency medical attention it may be possible to identify that person from records of the medical visit.

How can you help in a hit-and-run investigation?

The police investigation of your hit-and-run incident is often a meticulous, time-consuming process. It may seem frustrating while you wait for results. You do not, however, need to be a passive observer during the process. Especially early in the investigation, there are some things you can do to help the investigation along.

You can help get the investigation started

The first step you can take may seem intuitive, but not everyone takes it: you can report the accident to the police. If law enforcement is not aware that a hit-and-run accident has happened, then it may not even begin an investigation.

You should always call the police right away after another driver leaves the scene without observing that driver’s legal duties under Virginia law, and if possible, wait at the accident scene for a police officer to arrive and make a report and begin evidence gathering.

You can help gather identifying evidence

Not every hit-and-run driver speeds away immediately after an accident. If you can, take photos or video recordings of the other vehicle involved. This will make it easier for police to identify the specifics of the vehicle’s make, model, color, and other details to narrow the investigation. Record its license plate number if you can.

If you do not have a camera with you, or the other driver leaves the scene before you can use it, try to get identifying details about the other vehicle and write that information down as soon as you can, while your memory is still fresh. You can give this information to the police officer who comes to the scene.

You can identify witnesses to the accident

Eyewitnesses to a hit-and-run accident can provide important information to help police identify and find a hit-and-run vehicle and its driver. Eyewitness testimony about the accident can be important in any criminal prosecution of a hit-and-run driver, and in a personal injury claim you might make against that individual.

But witnesses may not always be able to remain at the scene with you until the police come. If a witness must leave before that happens, then try to get contact information from the witness, like that person’s name and contact information, so the police can follow up.

If the witness makes any statements to you about what that person saw, then you should write them down as soon as possible while your memory is still fresh.

You can preserve physical evidence at the scene until police arrive

If any parts or debris from the other vehicle get left behind when the hit-and-run driver leaves, then you can secure that material so it does not get lost until the police can take custody of it. Physical evidence can be helpful to police forensic personnel in their efforts to identify not only the kind of vehicle the other driver was in, but also to match the specific vehicle involved in the crash.

You can check the area surrounding the scene for surveillance cameras

If the accident happens at a location with businesses or residences nearby, then the people who own those buildings may have video surveillance systems in place that may have captured the accident and the hit-and-run vehicle.

It is important to find anyone in possession of such video surveillance systems, so they can be asked to preserve the recorded images. Not all surveillance systems keep a permanent record of what they take in, so try to get the data preserved before it gets erased. When the police arrive at the accident scene, you can point out these surveillance systems to the officer who begins the on-scene investigation.

How we help with the investigation

When you work with Phelan Petty, you don’t have to take these steps alone. You have someone there to help and guide you through the process. We can support efforts to locate the driver by canvassing for witnesses and searching for surveillance footage from local businesses or Ring cameras, whether from government localities or nearby residents. Our team can search for information from the Virginia Department of Transportation, which also captures videos.

Additional steps to take in parallel with a hit-and-run investigation

Although the following activities are not directly related to the police investigation of a hit-and-run accident, they are still advisable to help you preserve your ability to recover compensation for any injuries you suffer or property damage you might incur.

You can call your insurance provider about the accident

Calling your insurance company and letting it know about the accident is important if you need to make a claim on your insurance policy (using your own uninsured motorist policy, for instance).

You can contact an experienced Virginia personal injury attorney

A personal injury lawyer who has experience with motor vehicle accident claims, including claims against hit-and-run drivers, can do several important things for you after a hit-and-run accident:

• Your personal injury lawyer can help make sure that you do everything possible to help the police in their investigation and evidence Experienced automobile accident attorneys know what kinds of evidence the police will be looking for and can help you obtain as much of it as you can.
• Your personal injury lawyer can represent you with your insurance company. Sometimes insurance claims adjusters can ask you questions or invite you to make recorded statements that can harm your self-interest and reduce any settlement claim payout. An experienced personal injury lawyer can make sure you do not fall into such traps.
• If the police find the hit-and-run driver who harmed you, your personal injury attorney can represent your legal interests in making a legal claim against that person and his or her insurer (if any) for compensation, either through settlement or in a personal injury lawsuit.
• If you lose a loved one because of a hit-and-run accident, a personal injury lawyer can guide you on your rights under Virginia law to make a claim for wrongful death against the hit-and-run

Are you the victim of a hit-and-run accident in Virginia?

A hit-and-run accident can leave you with many kinds of compensable harm, including:

• Traumatic brain injuries and spinal cord injuries
• Burn injuries
• Catastrophic injuries like the loss of one or more limbs
• Extensive damage to your car or other personal property.

In a worst-case situation, you might even lose a close family member in a fatal hit-and-run incident.

At Phelan Petty, our legal team of experienced personal injury attorneys has many years of combined experience representing the interests of victims of motor vehicle accidents, including claims against hit-and-run drivers and their insurers.

We use leading-edge investigation tactics to help build strong motor vehicle crash cases and secure our clients the maximum compensation they deserve from insurance settlements or personal injury lawsuits. If you or a loved one has been the victim of a car accident in Virginia, then get in touch with us today so we can preserve your legal claim rights under Virginia law.

To schedule a free consultation with us, please call us or fill out our online contact form.