What Happens After a Hit-and-Run Accident in Wisconsin?
A hit-and-run accident occurs when the driver of a vehicle collides with a person, object, or another vehicle and then leaves the scene without providing any identification or offering help. Hit-and-run accidents are criminal offenses in Wisconsin and other states.
Wisconsin’s Hit-and-Run Laws
Criminally, hit-and-run accidents are referred to as fleeing the scene of an accident.
Per Wisconsin law, a person in an accident who knows or has reason to believe they caused:
- Property damage;
- Injury; or
- Death;
- Must stop their vehicle as close to the scene of the accident as possible and safe.
Then, they must:
- Provide their personal information, including name and address;
- Provide the registration number of their vehicle;
- Show their driver’s license;
- Provide reasonable assistance to another driver or passengers, including driving someone to the emergency room or calling 911; and
- Notify the police right away when the accident causes injury, death, or property damage greater than $1,000.
Hit-and-run accidents have severe criminal consequences, and hit-and-run drivers may be liable civilly as well.
Hit-and-Run Accident Injury Claims
Victims of car accident injuries generally make an insurance claim against the at-fault driver’s insurance company. In a hit-and-run accident, a victim may be unsure who to pursue for damages.
Experienced car accident attorneys work with law enforcement to investigate accidents and flush out liable parties. After the at-fault driver is discovered, the victim’s attorney can file an insurance claim. If the driver did not have insurance at the time of the accident, the attorney will file a personal injury lawsuit.
Most car accident injury claims settle outside of court after ongoing negotiations between a victim’s attorney and the insurance company. It is rare for legitimate claims to require a civil trial. Trials are risky for both the insurance company and the car accident victim.
Wisconsin’s Hit-and-Run Accident Statute of Limitations
There is a legal deadline or statute of limitations to file a hit-and-run car accident claim in Wisconsin. Any car accident claim must be filed within three years from the date of the accident. Otherwise, monetary recovery is banned.
Exceptions to the Statute of Limitations
The Government
There are exceptions when filing a hit-and-run car accident claim against the government. Wisconsin law only allows 120 days to file a car accident claim when the other party was a state government employee driving on the job. Late claims will be denied.
Wrongful Death
If a hit-and-run accident causes a wrongful death, certain family members of the deceased may file a claim for damages. They must do so within two years of their loved one’s death or be barred from compensation.
Minors
Minors may file a hit-and-run accident claim up to two years following their 18th birthday.
The Incompetent
A person ruled incompetent has two years after any disability or incompetency ruling ceases to file an accident claim.
The Mentally Ill
A mentally ill person has up to five years to file a car accident claim.
Never assume you or your loved one meet an exception to Wisconsin’s statute of limitations. Always consult an experienced Milwaukee car accident attorney for clarification of the law and specific claim advice.
Contact an Experienced Milwaukee Hit-and-Run Accident Attorney Today
If you or your loved one suffered hit-and-run accident injuries, do not wait to contact an experienced Milwaukee attorney. At Mingo & Yankala, one of our car accident attorneys can review your hit-and-run information and advise you of any immediate legal options.
At Mingo & Yankala, we believe in justice and holding at-fault parties accountable for the damage and suffering they cause. Evidence and witnesses can disappear with time. Meet with Mingo & Yankala at no cost to start the claims process today.