Most people will get into at least one car accident during their lifetime. It’s an understandable part of driving thousands of miles yearly. People get distracted sometimes, or slide on a bad patch of ice, or push the speed limits if they’re running behind. That’s why there are Tennessee laws that require car owners have liability insurance.

What’s not understandable is failing to identify oneself, or failing to help an injured victim, when a crash happens. There is never any just reason to run from the scene of accident – and it’s against the law, too. Every responsible driver who injures or kills another driver needs to stop and stay at the accident site. They need to contact the police who can help any victims and control traffic. Drivers need to disclose their insurance carrier information.

Sadly, AAA recently reported that hit-and-run fatal accidents rose, in 2016, to 2,049. According to their findings:

• An average of 682,000 hit-and-run crashes occurred each year since 2006.
• Nearly 65 percent of people killed in hit-and-run crashes were pedestrians or bicyclists.
• Hit-and-run deaths in the U.S. have increased an average of 7.2 percent each year since 2009.
• Per capita, New Mexico, Louisiana and Florida have the highest rate of fatal hit-and-run crashes while New Hampshire, Maine and Minnesota have the lowest rates.

Tennessee hit-and-run driver laws

Tennessee law requires that drivers who have a car accident that causes death or personal injury stop and stay at the accident scene. Failure to do so is a Class A misdemeanor– unless the driver knows, or should have reasonably known, that someone was injured or killed as a result of the crash. That is a Class E Felony in Tennessee. It is punishable by up to 6 years in prison, plus fines, and a potential license suspension.

Drivers who cause an injury or death, or damage to the other driver’s vehicle, are required to:

• Give their name, address and car registration number
• Show their driver’s license to anyone who was struck
• Render reasonable assistance to anyone who was hurt

Regardless of injury, if driver strikes another car and does at least $50 worth of damage, that driver is required by law to contact the police.

Why having uninsured or underinsured coverage matters

Car owners have the option to pay for uninsured (UM) and underinsured (UIM) coverage. In Tennessee, unless you specifically waive UM/UIM coverage, your policy will come with coverage equal to your liability coverage. Usually car owners buy UM and UIM coverage at the same time. Having UM coverage means you are entitled to be paid for damages if the at-fault driver doesn’t have insurance. UIM covers a policyholder if the at-fault driver doesn’t have enough insurance.

Car owners are required to carry liability insurance in the following minimal amounts

• $25,000 for each car accident death or injury
• $50,000 for all car crash deaths and injuries
• $15,000 for property damage

Hit-and-run car accident victims are generally entitled to bring a UM claim if the driver fled. Unless someone saw the license plate number, it is unlikely the hit-and-run driver or car owner will be found. The increase of hit-and-run drivers and the reality that many drivers don’t have insurance means car owners should get the most UM/UIM coverage they can afford.

If you were injured by a hit-and-run driver, our Tennessee car accident lawyers will work to have your own insurance company pay for your damages through the UM policy coverage. If a family member was tragically killed by a hit-and-run driver, we seek wrongful death damages. The Sevierville hit-and-run lawyers at Delius & McKenzie, PLLC are ready to help. We’ll explain what steps must be taken before you can submit an UM claim. Call us at (865) 428-8780 or fill out our contact form to discuss your claim for fee. We proudly represent clients in Sevierville, Seymour, Gatlinburg, and Pigeon Forge.