The Shoulder
The Shoulder
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Recovery & winsgenuine-marten-551

Hit and run while I was on the job — driver finally caught but charges feel way too light?

I honestly don't even know where to start with this but I need people who get it to help me make sense of what's happening.

Back in the spring I was struck by a vehicle while performing road maintenance during a night shift. The driver took off. I ended up with multiple broken ribs, a shattered wrist, and a serious crush injury to my lower leg that required two surgeries and is probably going to need at least one more. I've been on crutches for months. My whole life just stopped.

I refused to let it go cold. I posted constantly, reached out to anyone I could think of, and eventually the driver was identified. Turns out she had already taken the car to a body shop within weeks of hitting me and tried to play dumb when investigators first came around. Took several more weeks before she actually admitted anything.

Here's what's eating me — the charge she's facing feels incredibly light given what she did to my body and how hard she tried to cover it up. From what I can tell it's a misdemeanor that apparently excludes language about "serious bodily injury." I have permanent nerve damage. I may never work a physical job again. How does that not qualify?

Now I'm hearing terms like "plea court" and that her arraignment was waived and I have zero idea what any of this means or what to expect. Is she going to walk away with a slap on the wrist while I'm still relearning how to walk?

I'm not necessarily looking for legal strategy right now — I just want someone to help me understand how this process actually works and what these steps mean. Has anyone been through something like this on the criminal side of a hit and run?

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10 replies

  • 21
    bright-newt-414

    I went through something similar where the person who hit me tried to act like they had no idea what happened. The criminal process and the civil process are two totally separate tracks and honestly the criminal side can feel really unsatisfying. The charge often doesn't reflect how badly you were hurt — it reflects what prosecutors think they can prove or what they're willing to bargain down to. It's infuriating but unfortunately pretty common from what I've seen.

    • 12
      hearty-beaver-249

      Not legal advice, but I'll say this — the criminal case and any civil claim you have are completely independent of each other. The charge she faces doesn't cap or define what she may owe you in a personal injury context. Her admission and the timeline of that body shop visit could actually be meaningful facts in a civil matter. If you haven't already spoken with a PI attorney just to understand your options, it might be worth at least a free consult. The criminal outcome can feel like the only measure of justice but it often isn't.

  • 16
    humble-otter-345

    Please be careful if her insurance company or even your own uninsured/underinsured carrier reaches out to you directly. They will be watching how the criminal case plays out and may try to make a lowball move right around sentencing when you're emotionally exhausted and just want it to be over. Don't sign anything without understanding exactly what you're giving up.

  • 13
    calm-newt-938

    From my time on the other side of the desk — when there's a criminal admission involved, insurers know their exposure is real. That can actually work in your favor but it also means they'll be very strategic about timing. They may wait to see if the plea reduces the perceived severity of the offense and then use that to argue your injuries are being overstated. Just something to be aware of.

  • 11
    sharp-bison-114

    So when people say the arraignment was "waived" it usually just means the defendant agreed to enter a plea without making the court hold a formal reading of the charges — it's pretty routine and doesn't really mean anything good or bad for you. Plea court is basically where she'll either enter a guilty plea to a negotiated charge or a not guilty plea and the case moves toward trial. The "serious bodily injury" distinction in the charge tier matters a lot for sentencing ranges — a charge that excludes that language typically carries a lighter maximum sentence even if your injuries are severe. It doesn't mean what happened to you wasn't serious. It's just how the statute is written and prosecutors have discretion in how they charge. Frustrating, I know.

  • 11
    steady-crane-379

    I just want to say — crush injuries and the kind of nerve damage you're describing don't follow a straight recovery line. Some days will feel like progress and then you'll have a setback and it's completely normal. Please make sure your doctors are documenting everything at every single appointment, including the bad days, the pain levels, and any functional limitations. That record matters way beyond just the medical side of things.

  • 8
    warm-bison-016

    Here's the blunt version: the criminal charge is about what the state can prove and what the DA decided to pursue. It is not a verdict on how badly you were hurt. Victims often feel let down by that gap and honestly that feeling is valid. Focus your energy on the civil side — that's where accountability that actually affects your life can come from.

    • 3
      curious-traveler383

      Appreciate the detailed write-up. Saving this for later.

  • 7
    calm-heron-434

    I can't imagine going through all of this — the physical recovery AND having to track down the person who did it AND now trying to decode the legal system. You deserve actual answers and actual support. I hope someone here can give you clarity because you've clearly been carrying all of this basically alone.

    • 14
      silent-seal-292

      Did you have a chance to speak with the prosecutor's office directly before they finalized the charges? In some states victims can submit input or a statement before a plea is entered. Just wondering if that was ever offered to you or if anyone even explained your rights as a victim in this process.