What Happens if a Truck Driver Leaves the Scene of an Accident?

What Happens if a Truck Driver Leaves the Scene of an Accident?

Imagine a trucker hitting you on the highway, and you have a totaled vehicle and serious damages. But what if they leave the scene of the crash? Now what? Depending on the severity of your truck crash, you can sue the trucker for your losses, and there may be criminal liability for the driver leaving the accident scene. In such cases, a truck accident lawyer can help you navigate the legal process to sue the trucker for your losses, including medical expenses, property damage, and other related costs.

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Why Do Truckers Flee The Crash Scene?

Truck drivers hold a commercial driver’s license (CDL) and have a higher standard of care on the road than other drivers. They are supposed to drive more cautiously and obey the law than anyone else on the road. However, a truck driver may panic when the crash happens and leave the scene. Why?

Some drivers may fear an accident going on their driving record and losing their job, CDL, or both. They may also know they were at fault and don’t want to accept the consequences. It isn’t unheard of for trucking companies to encourage their drivers to leave accident scenes to avoid liability. In other accidents, the trucker may have been sleepy, intoxicated, or high and afraid of being arrested. The driver can also have suspended CDL and wanted to avoid the consequences.

Regardless of the reasons, a trucker fleeing the accident scene is illegal, and there may be civil and criminal penalties. If a truck driver hits you and runs, retain a truck accident attorney as soon as possible. An attorney can help file a claim and potentially assist with identifying the at-fault truck driver.

What Are Common Truck Hit-And-Run Accidents?

Any driver can cause a hit-and-run crash, but truck drivers are supposed to drive with more care and concern for others and should never engage in such behavior. Some common types of truck hit-and-run accidents are;

• Rear-end crash: This accident happens when a trucker hits the rear of a car, usually on the highway or at an intersection. The trucker might have fallen asleep, hit your vehicle, and left the scene once they realized what happened.
• Side-swipe crashes happen when a commercial truck brushes another vehicle, usually going in the opposite direction, and doesn’t stop. This accident may also happen if a trucker passes you, moves into your lane, and hits the side of your vehicle. All truckers must stop immediately if they are in an accident, and leaving the accident scene is illegal.
• Pedestrian or biker accidents: Commercial trucks are large, and hitting a pedestrian or biker on the road is often fatal. Sometimes, the truck driver may not even be aware of the accident.
• Fender-bender: A trucker can bump your car, cause minor damage, and flee the scene.
• Head-on collision: A truck driver might nod off behind the wheel, drift into oncoming traffic, and hit the front of your vehicle. Trucks are much larger than cars, so the damage to the rig may be minor enough that the driver can still flee.

A truck accident can cause severe injuries to passenger vehicle occupants, so truckers should always stop at the crash scene and check for injuries. If you suffered an injury in a hit-and-run truck crash, speak to a truck accident attorney immediately. A truck accident attorney can help you receive more compensation than you can alone. They also may help find the liable driver, which can result in higher compensation from the truck driver’s employer.

Do You Have A Hit-And-Run Truck Crash Claim?

Many states have laws that make the fleeing driver liable for damages, even if they didn’t cause the crash Thus, even if you partially caused the crash, you can be entitled to full compensation from a hit-and-run truck driver. However, several factors may affect the success of your hit-and-run truck crash claim:

• Can the driver be found? Filing a truck accident claim against an unknown driver or company is difficult. Tell the police and your personal injury attorney as much information as possible about the truck that fled the scene, including its color, any company lettering or license plate information you remember
• Who was at fault? You must prove that another party caused the accident and injuries to receive compensation. Critical evidence your attorney may rely on to prove fault includes witness statements, physical evidence at the crash scene, paint transfer evidence on affected vehicles, surveillance video, and photos and videos you took after the accident.
• How severe are your injuries? You must have damages, such as property damage and medical bills, to receive compensation in a truck accident claim.

Talking to a truck accident lawyer is still smart, even if you aren’t sure about your case. Remember, even if you think you share the blame for the crash, a fleeing truck driver can be held fully at fault for the accident and resulting damages.

The good news is that it’s more difficult for truck drivers to get away with a hit-and-run accident than private drivers. It’s harder for a large, damaged truck to escape an accident scene without attracting attention. Eyewitnesses are likely to notice a large commercial truck with accident damage. There also are fewer places for a truck driver to hide such a large vehicle.

Also, at some point, the trucker will need to return the truck to the company depot. Maintenance crews will see the damage and file a report with their employer, which should trigger an accident report. Your truck accident attorney will watch for any truck accidents reported to the police in the area where your crash happened.

Further, your tractor-trailer crash attorney may help you file an uninsured driver claim on your policy if you have such coverage. You can think your insurance company will be on your side when filing such a claim after a hit-and-run crash, but the adjuster may be just as ornery as any other insurance company. A truck accident attorney can help expedite your uninsured driver claim with your insurer.

However, if you have uninsured driver coverage, it may offer less coverage than what the trucking company offers. Trucking companies carry large commercial insurance policies that will pay for more damages than your personal auto insurance policy. A driver with severe truck accident injuries can have six or seven figures of medical bills and lost earnings. Your auto insurance probably will not cover all of it, but a truck company’s policy may.

Remember that any criminal case against the truck driver for fleeing the scene is separate from your civil claim. Whether or not the trucker is convicted, you still can receive compensation for your medical bills, lost income, mental anguish, and pain and suffering.

You Can Sue The Trucking Company

Suppose your truck accident attorney locates the truck driver by hiring a private investigator. The trucking company will probably be liable for their driver’s negligence. You can likely sue the trucking company for your injuries and other losses.

Furthermore, the trucking company must legally report the truck crash to the police. They should see if there is damage to the truck or if it’s missing. The company can get into legal trouble if they don’t report the crash.

Also, a jury probably will frown on a trucking company that didn’t report an accident their driver caused. You can even receive punitive damages, depending on the case and jury.

You can’t assume you’ll obtain compensation for injuries just because it was a hit-and-run. Any insurance company on the case will look into the case and avoid liability if it can. So, you should promptly retain a truck accident lawyer to investigate the accident and make a fair settlement offer to the insurance company. If a fair settlement is impossible, your attorney can threaten a lawsuit, which may encourage the insurance company to settle.

What Can You Receive In A Hit-And-Run Truck Crash Claim?

Truck accident cases involve a large vehicle hitting a smaller one, so your case can be worth more than a conventional auto accident. However, the value of your case depends on the details of the accident and the circumstances. Your attorney will look at the following factors of your truck crash case to determine an approximate case value:

• How severe are your truck crash injuries? Truck crashes may involve severe head trauma, broken bones, spine injuries, internal injuries, burns, etc. You can have severe injuries necessitating months or years of treatment. A severe truck crash injury with two years of medical care required will be worth more than a broken arm that heals in three months.
• How much work time did you miss? A severe injury can leave you unable to work for months. You also can be permanently disabled. If so, you will have a higher case value because you can collect for lost earning potential.
• How much pain and suffering does your doctor say you have? Severe injuries can be excruciating, so you should receive funds for pain and suffering. However, pain and suffering are subjective, and your attorney will rely on your medical team to state the severity of your discomfort. The insurance company will try to downplay the severity of your pain, so your attorney’s assistance in this area is critical.
• How does the injury affect you? A paralysis injury affects your ability to work, live, and enjoy life, so pain and suffering compensation should be adjusted accordingly.
• Do you settle or go to trial? A settlement may be worth less than going to the jury for a verdict. But a trial is uncertain, and you can lose. That’s why most truck accident claims end with a settlement.
• Did you find the hit-and-run driver? Hopefully, your attorney or the police locate the at-fault driver. The trucking company probably bears some liability for their employee’s negligence, so more compensation can be available than if you only have your personal auto insurance to pay damages.

The size of your truck accident settlement also depends on the skill and experience your truck accident lawyer possesses. Retaining a skilled lawyer with many impressive settlements and jury awards is often the most significant factor in the size of a truck accident settlement.

Your attorney charges legal fees at the end of the case. Still, most plaintiffs discover that they receive more compensation after legal expenses than they would have gotten without an attorney. Attorneys in truck accident cases know how to value claims and negotiate for the best settlement.

Contact A Truck Accident Attorney Today

Were you in a truck accident recently? You can be entitled to compensation for your truck accident injuries and related losses. A truck accident attorney will ensure you receive the most compensation if your case qualifies. Speak to a personal injury lawyer today at no charge to ensure the optimal result in your case. Your truck accident lawyer works on a contingency agreement and receives a portion of your settlement or jury award. You do not pay legal fees unless your attorney wins your case, so there is nothing to lose.

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