Getting into a car accident can have a major impact on your life. You car may be damaged. You may suffer from traumatic injuries. You may even have to miss work. If you have been injured in a car accident caused by another driver, then you have the right to seek compensation from the at-fault driver’s auto insurance.

But what happens if you are injured in a hit and run accident and cannot locate the responsible driver? Although you may not be able to seek compensation from the hit and run driver’s insurance, you can still find financial recovery for your injuries through your own uninsured motorist coverage.

Is It Illegal To Hit And Run?

In Wisconsin, it is illegal to flee the scene of a car crash. In fact, drivers involved in a car accident are legally required to stop their vehicles. Failing to stop after an accident could lead to criminal penalties ranging from misdemeanor to felony charges. In hit and run accidents involving injuries, criminal charges could result in mandatory jail time. Even with these harsh criminal penalties, hit and run accidents still occur every day throughout the state.

What Should I Do If I Am Injured In A Hit And Run Accident?

If you are injured in a hit and run accident, the first thing you should do is call law enforcement. Law enforcement officers who respond to the scene of the crash will help you receive any emergency medical attention you need following the accident. In addition, they will investigate what happened, write an accident report and attempt to find the driver responsible for the accident.

What Happens If The Hit And Run Driver Is Never Found?

If police are able to identify the driver, then you may be able to recover compensation from the driver’s insurance policy. However, if the hit and run driver cannot be found, then it will be impossible to seek recovery from their insurance policy.

In the event that police cannot find the other driver, there are other sources of compensation for your injuries. In Wisconsin, all drivers are required to carry uninsured motorist coverage that would help cover medical expenses, wage loss, pain and suffering and other associated costs in the event that you are in a hit and run accident.

Do I Need To Hire A Hit and Run Attorney?

It is advisable to hire a Milwaukee personal injury attorney to represent your interests when filing a hit and run claim against your own insurance company. Although you have paid for your uninsured motorist coverage, your insurance company will do everything they can to limit the amount owed to you in the event of a hit and run accident. An experienced Milwaukee personal injury attorney will investigate the facts of your case, request an accident report, collect medical reports and maximize your settlement.

If you have been injured in a hit and run accident, contact Natasha MIsra Law today to schedule a free consultation.

When it comes to personal injury, traffic accidents seem to get the spotlight. However, many accidents occur off the street as well. When property owners fail to reasonably maintain their property and allow dangerous conditions to exist, serious injuries can result.  Natasha Misra Law represents victims of slip and fall accidents that involve issues of premises liability. 

What is premises liability? In simple terms, if you have been injured in a slip and fall accident or a trip and fall accident caused by a dangerous condition on someone else’s property, then the property owner or occupier may be held responsible for your injuries and losses.

What Is Premises Liability?

Property owners and people who occupy property have a legal duty to keep their premises in a safe condition and ensure that whoever enters the property is protected from an unreasonable risk of injury. 

To prove your slip and fall claim, you must be able to show that the owner or occupier of the property failed to keep the premises in safe condition. In addition, the court will look to your own actions and whether you were on the property legally. The court will also determine whether or not you were exercising reasonable care for your own safety.

What Is Considered A Dangerous Condition?

A successful slip and fall case will show that the accident was caused by an unsafe condition on the property. Dangerous conditions that create an unreasonable risk of harm, and lead to possible premises liability claims, include:

  • Insufficient lighting
  • Improperly constructed stairwells
  • Wet floors
  • Damaged carpet
  • Poorly designed walkways
  • Improperly maintained equipment
  • Trip hazards

But just because there was a slip and fall accident caused by one of these conditions does not always mean that the property owner or occupier can be held responsible. The following is often considered in determining whether the owner or occupier of the property can be held responsible for your injuries:

1. Whether the dangerous condition was caused by the owner or occupier of the property,
2. Whether the owner or occupier knew about the dangerous condition but did not fix it, or

3. Whether the owner or occupier should have known about the dangerous condition because a reasonable person maintaining the property would have discovered the dangerous condition and repaired it.

Who Can Sue For Premises Liability?

In addition to establishing that a dangerous condition existed, you would also need to prove that you were legally permitted to be on the property at the time of the accident.

Typically, visitors are categorized as either an invitee, a licensee or a trespasser. Invitees are visitors that are invited to the property, such as a general store customer. A licensee is a visitor that enters onto the property for their own purposes, but with the property owner’s consent. Trespassers, on the other hand, do not have consent to be on the property and are not owed the same level of care as invitees and licensees.

If you are in a grocery store during normal operating hours, for example, then you are considered an invitee. As an invitee, the grocery store owes you a duty of care to keep the premises clear of dangerous conditions.

Is There A Violation Of The Wisconsin Safe Place Statute?

In addition to a negligence claim for your slip and fall, you may also have a claim alleging that the owner of the building or employer violated Wisconsin’s Safe Place Statute. This law covers places of employment and public buildings, and applies to employees and people who frequently visit those locations. The Safe Place Statute holds employers, owners of public buildings, owners of places of employment, and builders responsible for constructing, maintaining and repairing the premises so that it is free of dangerous conditions.

Cases where the Safe Place Statute applies are often easier to prove, as the law holds an employer or the owner of a place of work to a higher standard of care. An experienced personal injury attorney can help you determine if the Wisconsin Safe Place Statute applies to your slip and fall case.

Do You Need A Personal Injury Attorney?

If you have been injured as the result of a dangerous condition on someone else’s property, you should consult with a Milwaukee personal injury attorney today. Slip and fall cases are almost never straightforward and can involve a number of complex premises liability issues. In addition, property owners and occupiers responsible for your injuries will attempt to limit the compensation owed to you. An experienced Milwaukee slip and fall attorney can help you get the compensation you deserve.

Call our office at (414) 635-2858 for a free consultation and speak with a Milwaukee personal injury attorney today.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.