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2 Men Injured in Philadelphia Hit and Run Accidents

Posted June 10, 2015 | Car,Uncategorized,Vehicle Accidents

Ben Franklin ParkwayTwo serious hit and run accidents in Philadelphia have been reported over the last two days. Each accident caused serious injuries to the victims who were both pedestrians. In the first crash, Michael Toner, a 68-year-old actor, had to have his right leg amputated after he was struck near 11th and Market streets early Tuesday morning. You can read philly.com news coverage about this accident here.

A second hit and run accident happened on June 10, at about 1:50 a.m., and involved a 25-year-old man. The victim was in critical condition after being struck by a car while trying to cross Roosevelt Boulevard overnight. According to the report, “The accident was of such a forceful impact that it knocked the victim out of his shoes.” In that incident, Philadelphia police said the striking vehicle, possibly a Honda or Acura, fled the scene after the pedestrian was hit. Investigators believe the victim was crossing the street against the traffic light.

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Hit and Run Accidents are a Crime

It is against the law in Pennsylvania for anyone whose vehicle was involved in an automobile accident or caused harm to a person to leave the scene following a collision. Instead, the driver must stop in a safe place to provide assistance and information to the affected party. If a driver leaves the scene following an accident, this is coined a “hit and run” accident.

In Pennsylvania, committing a hit and run is a serious crime. The legal penalty can vary based on the severity of the accident. If the accident resulted in only property damage, the law provides for a 3rd degree misdemeanor charge which carries up to one year in prison and fines reaching $2,500. See PA Code §75-3743.

If, however, the accident resulted in injury or death of another person a hit an run is a felony offense. When injury results a hit and run is considered a 3rd degree felony, carrying a mandatory minimum 90 day jail sentence and up to 7 years in prison, along with a minimum $1,000 fine. If the victim dies, the driver faces a mandatory minimum of 1 year in prison, with a maximum of 7 years. It also requires a minimum fine of $2,500. See PA Code §75-3742

Can the Victim of a Hit and Run Accident Sue for Injuries?

Generally speaking, a hit and run accident victim can sue a negligent driver for their damages if his/her identity is later uncovered.

However, even if the driver is never identified, there are still several avenues in which you could make a recovery. First, a hit-and-run victim may be able to make a claim under an Uninsured Motorist (UM) policy. In general, UM coverage will provide protection for the named insured, and immediate family members residing in the insured’s household, in the event they are injured by a hit and run accident or a “phantom” vehicle.

In addition, even if you are not covered under a policy of UM automobile insurance, you may be able to recover from the Pennsylvania Assigned Risk Plan. This plan has specific regulations that an applicant must meet to make a claim.

To speak with an experienced car accident attorney in Philadelphia concerning your personal injury claim, call Brent Wieand today at 1(877) 654-3887.  Attorney Wieand can help protect your legal rights following a hit and run accident. The legal consultation is always free, and you never pay a fee unless he recovers money for you.

 

*Disclaimer: This article is not legal advice. If you have questions about a hit and run accident contact an attorney to discuss your particular circumstances.