Steven A. Bagen | October 2, 2024 | Truck Accidents
Truck accidents are often catastrophic due to the sheer size and weight of commercial trucks. The aftermath of such accidents can be traumatic, leaving victims with severe injuries, emotional distress, and extensive financial burdens. When a truck driver leaves the scene of an accident, it adds another layer of complexity and injustice to an already difficult situation. Victims and their families are often left wondering what happens next and how they can pursue justice.
It’s imperative to understand the legal implications of a truck driver fleeing the scene of an accident, how it impacts the victim’s ability to recover damages, and the steps that can be taken to hold the responsible parties accountable. Ultimately, if you or a loved one is involved in a truck accident where the driver fled the scene, contact an experienced truck accident attorney to protect your rights and ensure you receive the compensation you deserve.
Legal Consequences for Truck Drivers Who Flee the Scene
Leaving the scene of an accident is illegal in all 50 states, and the penalties can be severe, especially if the accident results in injury or death. A truck driver who leaves an accident scene may face criminal charges and civil liability.
Criminal Charges
When they leave the scene, truck drivers may be charged with a hit-and-run offense. Hit-and-run charges can range from misdemeanors to felonies, depending on the severity of the accident and the resulting injuries or fatalities. In most cases, the penalties for a hit-and-run involving severe injuries or death include:
- Jail or prison time
- Substantial fines
- Suspension or revocation of the driver’s commercial driver’s license (CDL)
- Permanent criminal record
In some states, fleeing the scene of a fatal accident can result in charges of vehicular manslaughter or even second-degree murder, further increasing the severity of the penalties.
Civil Liability
While all drivers should face criminal charges for leaving the scene of the accident, those criminal charges won’t help you seek compensation for your damages. To receive such compensation, you will need to pursue a civil claim against the driver. Drivers who leave the scene of an accident can face civil and criminal legal consequences at the same time.
A truck driver who flees the scene can be held civilly liable for the damages caused by the accident. In civil court, the victim or the victim’s family can file a personal injury or wrongful death lawsuit to seek compensation for their losses. Fleeing the scene of the accident may also be seen as an admission of fault, which can strengthen the victim’s case.
Why Do Truck Drivers Flee the Scene?
A truck driver might flee the scene of an accident for several reasons. While none of these reasons justify their actions, understanding why it happens can help victims understand the legal complexities of these cases.
Fear of Criminal Charges
Truck drivers may flee because they fear facing criminal charges, especially if they were under the influence of drugs or alcohol at the time of the accident or if they were violating other laws, such as speeding or distracted driving. By leaving the scene, they hope to avoid immediate arrest and prosecution.
Lack of Proper Documentation
Truck drivers may sometimes not have the proper license or documentation to operate the vehicle. Driving without a valid CDL or operating an overweight or improperly loaded truck can lead to fines, license suspension, or job termination, motivating them to flee.
Employer Pressure
Truck drivers are often under significant pressure from their employers to meet tight delivery deadlines. This pressure may cause them to drive recklessly or forgo safety protocols. If they cause an accident, they may flee the scene out of fear of losing their job.
Fear of Financial Liability
Truck drivers may also be concerned about the financial repercussions of an accident. While their employer’s insurance policy typically covers them, they might worry about their personal liability, especially if they were engaged in negligent or illegal behavior at the time of the accident.
The Impact on Victims When a Truck Driver Flees
When a truck driver flees the scene, it can significantly complicate the process of seeking compensation for victims. The immediate aftermath of a hit-and-run accident is often chaotic and confusing, making it difficult for victims to know how to proceed. Here’s how fleeing the scene can affect victims:
Difficulty in Identifying the Driver
One of the most immediate challenges victims face is identifying the truck driver and the company they work for. If no one witnesses the accident or if there are no cameras in the area, tracking down the responsible party can be difficult. Pursuing a personal injury claim can be nearly impossible without identifying the driver.
Delayed Medical Treatment
In hit-and-run accidents, victims may not receive timely medical treatment because the fleeing driver may not call for emergency services. This can result in more severe injuries, complications, and longer recovery times.
Emotional Distress
Victims of truck accidents already experience significant emotional trauma, and when the driver flees, it can exacerbate feelings of anger, frustration, and helplessness. Victims may feel abandoned and unsure of how to move forward after such a traumatic event.
Challenges in Pursuing Insurance Claims
Victims may have difficulty filing an insurance claim when the responsible driver is unknown. Many truck accidents involve significant damages and injuries, requiring substantial compensation. Without the truck driver’s insurance information, victims may need to rely on their own uninsured/underinsured motorist coverage, which may not fully cover their losses.
Steps to Take After a Truck Driver Leaves the Scene
If you or a loved one is involved in a truck accident where the driver fled the scene, there are specific steps you can take to protect your legal rights and improve your chances of recovering compensation:
Seek Medical Attention
Even if you believe your injuries are minor, seeking medical attention immediately is important. Some injuries, such as internal bleeding or traumatic brain injuries (TBI), may not be immediately apparent. Medical records will also serve as evidence in your personal injury claim.
Gather Relevant Evidence
If possible, try to gather as much evidence as possible at the scene. Take photographs of your injuries and any damage to your vehicle.
Contact a Truck Accident Attorney
Truck accident cases, especially those involving hit-and-runs, are involved and require the skill and knowledge of an experienced truck accident attorney. A truck accident lawyer can help through the legal process, investigate the accident, and identify the responsible parties. They can also work with law enforcement and insurance companies to ensure you receive the compensation you deserve.
How a Truck Accident Attorney Can Help
Hiring a truck accident attorney is critical after a hit-and-run accident. Here’s how an experienced lawyer can assist you in pursuing justice and recovering compensation:
Investigating the Accident
A truck accident attorney will thoroughly investigate the accident to identify the responsible driver and trucking company. This may involve reviewing traffic camera footage, obtaining data from the truck’s black box, interviewing witnesses, and working with accident reconstruction experts.
Working with Law Enforcement
Your attorney can collaborate with law enforcement to track down the fleeing truck driver. Police departments may have additional resources, such as access to vehicle databases and license plate recognition software, that can help identify the truck involved in the accident.
Negotiating with Insurance Companies
Dealing with insurance companies after a hit-and-run truck accident can be challenging. Insurance adjusters may try to minimize or deny your claim, especially if the responsible driver has not been identified. A truck accident attorney can negotiate with insurance companies to ensure you receive fair compensation for your medical bills, lost income, pain and suffering, and other damages.
Filing a Lawsuit
If the responsible driver is identified and negotiations with their insurance company fail, your attorney can file a personal injury lawsuit against the truck driver and the trucking company. In some cases, the trucking company may be held liable for their driver’s actions, especially if they failed to conduct proper background checks or if the driver was operating the vehicle under unsafe conditions.
Identifying Other Liable Parties
In truck accident cases, more than one party may be liable for your injuries. A truck accident attorney will investigate all potential sources of liability, including the trucking company, cargo loaders, maintenance providers, and even truck or part manufacturers. This comprehensive approach ensures that you can pursue compensation from all responsible parties.
Employer Liability: When is the Trucking Company Responsible?
In many cases, the trucking company that employs the driver can also be held liable for the accident, even if the driver fled the scene. There are several scenarios in which a trucking company may share responsibility for an accident:
Negligent Hiring Practices
Trucking companies are required to hire qualified and responsible drivers. If a company hires a driver with a history of reckless driving, DUIs, or other dangerous behavior, they may be held liable for the accident.
Failure to Properly Train Drivers
Trucking companies must provide adequate training to their drivers to ensure they understand how to drive safely. If a company fails to train its drivers on how to handle hazardous conditions or follow safety regulations, they can be held responsible for the accident.
Violations of Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines for how long truck drivers can be on the road without rest, how much weight they can carry, and how trucks must be maintained. If a trucking company violates these regulations, such as forcing drivers to work beyond their allowed hours, it can be held liable for the accident.
Improper Maintenance
Trucking companies are responsible for ensuring that their vehicles are properly maintained and safe to operate. If a truck accident is caused by a mechanical failure, such as faulty brakes or tire blowouts, the company may be liable for failing to maintain the vehicle properly.
Negligent Supervision
Trucking companies are required to supervise their drivers to ensure they follow safety protocols. If a company fails to properly monitor its drivers, such as not enforcing rest breaks or ignoring reports of reckless behavior, it may be held liable for any resulting accidents.
Pursuing Compensation After a Hit-and-Run Truck Accident
If you suffered an injury in a truck accident where the driver fled the scene, you may be entitled to compensation for a wide range of damages, including:
- Medical expenses (both current and future)
- Lost income and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of companionship (in wrongful death cases)
In hit-and-run cases, if the driver is identified, they and their employer can be held responsible for your losses. If the driver is not identified, your attorney can help you recover compensation through uninsured/underinsured motorist coverage.
Why You Should Contact a Truck Accident Attorney Immediately
Truck accident cases are complex, and hit-and-run accidents add an extra layer of difficulty in terms of investigation, legal strategy, and recovery of damages. An experienced truck accident attorney understands the challenges involved and knows how to take swift action to protect your rights.
By contacting a truck accident lawyer right away, you give yourself the best chance to recover the compensation you deserve. Attorneys can help preserve evidence, identify responsible parties, and navigate the often intimidating legal process, ensuring you are not left to shoulder the financial burdens alone.
Call a Truck Accident Lawyer for a Free Consultation
If you or a loved one has suffered an injury in a truck accident, especially one where the driver fled the scene, don’t hesitate to contact a truck accident lawyer. They can help you understand your legal options, guide you through the process of filing a claim, and work to secure the maximum compensation for your losses. Time is of the essence, as evidence can disappear, and the statute of limitations for filing a claim may expire. Don’t wait—contact an experienced personal injury attorney today for your free consultation and start recovering the compensation you deserve to protect your future.