When someone causes a hit-and-run crash, criminal consequences are often minimal – many drivers are never identified or charged. But from a civil standpoint, a hit-and-run driver can still be held accountable. Even if law enforcement doesn’t pursue the case or make an arrest, a personal injury attorney can work to identify the driver through investigation and help pursue compensation on behalf of the injured party.
In civil court, victims may be entitled to damages for both economic losses, like medical expenses and lost income, and noneconomic losses, such as pain and suffering. In particularly egregious cases, punitive damages may also be available. A Paducah personal injury lawyer can help guide victims through the legal process and help them pursue the compensation they deserve.
Hit-and-Run Cases in Civil Court
Unlike criminal cases, civil cases do not require proof beyond a reasonable doubt. Instead, the burden of proof is much lower – plaintiffs only need to show that their version of events is more likely than not, meaning a small amount of credible evidence may carry significant weight in a hit-and-run case.
For example, if a Paducah hit-and-run lawyer presents circumstantial evidence – like a partial license plate number or vehicle description—that may be enough to move the case forward. If a witness can recall details such as the vehicle type (e.g., a dark SUV) and part of the license plate (e.g., ending in “DB”), a personal injury attorney may be able to use that information to help identify the vehicle’s owner. If the owner’s gender matches the witness’s description, it may be reasonable to conclude – under the civil standard of proof – that the owner was also the driver at the time of the crash.
When eyewitnesses or physical clues are lacking, a Kentucky car accident lawyers may work with a private investigator to review traffic and security camera footage near the area. If they identify a vehicle with damage consistent with the crash, that may be enough to connect the driver to the accident – especially if the vehicle is seen passing through the same area again.
While civil and criminal cases differ in structure and standards, both tend to reach resolution without a trial. The vast majority of criminal cases end in guilty pleas, and most personal injury claims settle out of court before ever reaching trial.
Other Legal Options in Kentucky Hit-and-Run Cases
Sometimes there isn’t enough evidence to prove negligence or identify the at-fault driver in a hit-and-run accident. In these situations, victims may still have options available to pursue compensation.
Most personal injury cases focus on insurance protections available through the victim’s own auto policy. In Kentucky, many drivers carry uninsured/underinsured motorist (UM/UIM) coverage, which can help provide protection when the responsible party cannot be identified or lacks sufficient insurance. UM/UIM coverage typically offers higher limits at affordable premiums and can be valuable in states like Kentucky where no-fault insurance is optional.
If the hit-and-run driver is unknown or uninsured, UM coverage can help cover medical expenses, lost income, pain and suffering, and other damages up to the policy limits. When the at-fault driver is identified but underinsured, UIM coverage can help bridge the gap between what the driver’s insurance policy pays and the victim’s total losses.
Most UM/UIM claims settle out of court as insurance companies often resolve these claims in order to maintain customer satisfaction.
Count on Saladino & Schaaf
A hit-and-run accident can leave victims and their families facing uncertainty and challenges. At Saladino & Schaaf, our experienced legal team is committed to helping clients recover the compensation they need to move forward. We’re here for you when you need a Paducah personal injury lawyer.
To schedule your free consultation, call us today at our Paducah (270) 444-0406 or Murray offices (270) 753-1529 or contact us online now.