When you're involved in an accident with a truck, the impact alone can be overwhelming. But if the truck driver leaves the scene, that shock intensifies. You're left dealing with injuries, vehicle damage, and the uncertainty of what comes next.
Many questions race through your mind: Will the driver be caught? How will you cover your medical bills? Can you still pursue compensation? If a truck driver has left the scene of your accident, you're not alone, and you have options. A truck accident lawyer can help guide you through your legal rights and explain the steps to pursue justice and fair compensation.
Here's a look at what happens after a truck driver leaves the scene and how an experienced truck accident lawyer will seek justice, even if the driver is no longer around to take responsibility.
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Why Do Truck Drivers Leave the Scene of an Accident?
When a truck driver leaves the scene of an accident, it's more than an impulsive decision. There are often underlying reasons why they flee, ranging from legal jeopardy to personal fears. Understanding the motivations behind their actions helps shed light on why hit-and-run accidents involving trucks happen.
Fear of Losing Their Job
Truck drivers are held to high standards, particularly when it comes to safety. Many drivers work long hours, and one serious accident can lead to job termination. Faced with that reality, a driver might leave the scene out of fear that their livelihood is at risk. Some drivers may be on their last warning or already have multiple infractions, making them more likely to flee in an attempt to avoid immediate consequences.
Driving Without Proper Credentials
Operating a commercial truck requires specific licenses and certifications. If a driver doesn't have the proper credentials or their license has been suspended, leaving the scene might seem like the only option. The fear of getting caught without a valid license can push them to avoid facing law enforcement or insurance representatives at the scene.
Violations of Federal Trucking Regulations
Trucking is a highly regulated industry. Drivers are subject to rules governing everything from the number of hours they're allowed to be on the road to the weight of their loads. Some drivers may break these rules to meet delivery deadlines or increase their income. If they've violated regulations, they might leave the scene to escape the consequences of their actions being discovered.
Substance Abuse or Intoxication
Sadly, some truck drivers operate their vehicles while under the influence of alcohol or drugs. If a driver knows they're impaired, leaving the scene of an accident becomes a way to avoid a DUI charge or worse. The consequences of driving under the influence for commercial drivers are severe, so fleeing may seem like an escape from immediate legal repercussions.
The Legal Implications for the Truck Driver
When a truck driver leaves the scene, they don't escape accountability. The law takes hit-and-run accidents seriously, and fleeing can lead to severe legal consequences for the driver. In most jurisdictions, leaving the scene of an accident is considered a felony, especially when there are injuries or fatalities involved. Potential consequences include:
Criminal Penalties
The driver faces criminal charges, and the severity of those charges depends on several factors, including whether anyone suffered an injury or was killed in the accident. If the accident caused significant property damage, the driver can still face felony charges, but the penalties increase substantially if serious injuries occur. The truck driver can face years in prison, hefty fines, and a permanent criminal record that will affect their ability to find future employment.
Loss of Commercial Driving Privileges
Leaving the scene of an accident can also result in the permanent loss of the driver's commercial driver's license (CDL). The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules for CDL holders, and a felony hit-and-run charge will almost certainly lead to a revocation of the driver's commercial driving privileges. This ends their trucking career and can follow them into future employment, even in non-driving roles.
Civil Liability
Even after the driver faces criminal charges, they can still be held civilly liable for the damages caused by the accident. As the victim, you can pursue justice through a personal injury lawsuit, seeking compensation for your injuries, lost income, and other damages resulting from the accident.
How a Skilled Truck Accident Lawyer Can Investigate the Accident and Locate the Driver
An experienced truck accident lawyer will begin by working with investigators to locate the truck driver. Here are a few steps your attorney will take to do so:
Using Technology
Even though the driver fled the scene, modern technology and strategic investigation can lead to their identification. Many commercial trucks are equipped with GPS systems that track the truck's route. By accessing this data, your lawyer can pinpoint the vehicle's movements before and after the crash.
Dashcams and electronic logging devices can provide further insight into what happened during the accident. These tools offer a clearer picture of the driver's actions and any violations of safety regulations. Your truck accident attorney will know how to retrieve this data and use it to build a strong case.
Obtaining Eyewitness Testimony
In addition, eyewitness accounts play a key role in the investigation. People who saw the accident can provide details about the truck's make, model, or even the company's logo. Your truck accident lawyer will gather these witness statements and work to corroborate them with other available evidence.
Seeking Camera Footage
Surveillance cameras, both on the roadway and in nearby businesses, can also be instrumental. An experienced truck accident attorney can review footage from traffic lights, stores, or other locations to identify the truck involved. By combining these visuals with other evidence, they can often trace the truck's route and find the driver.
Obtaining the Police Report
Law enforcement reports are another valuable resource. Police officers may already have critical details, such as partial license plates or descriptions of the vehicle. Your lawyer will collaborate with law enforcement to obtain these reports and use the information to help identify the truck driver who fled the scene.
Compensation You Could Obtain After a Hit-and-Run Truck Accident
After the truck driver leaves the scene, your immediate concern is recovering from your injuries and managing the financial burden of the accident. You have the right to seek compensation for various damages related to the crash. These are some of the damages your truck accident lawyer will seek to recover.
Medical Expenses
Medical bills can quickly pile up after a truck accident. You may need emergency care, surgery, rehabilitation, and ongoing injury treatment. Whether you've sustained broken bones, spinal injuries, or traumatic brain injuries, the cost of medical care will likely be significant. You can pursue compensation for your current medical expenses and any future medical costs related to the accident.
Lost Income and Earning Potential
A truck accident may prevent you from returning to work immediately or can leave you permanently unable to perform your job. In either case, you're entitled to seek compensation for the earnings you've already lost and the income you're likely to lose in the future.
If your injuries affect your ability to continue working in the same field, you can pursue compensation for lost earning potential. Fighting for this money is particularly important if your job requires physical labor that you can no longer perform due to your injuries.
Pain and Suffering
Truck accidents don't just cause physical injuries; they can also result in significant emotional trauma. Pain and suffering damages compensate you for the physical pain, emotional distress, and mental anguish you've experienced as a result of the accident. These damages are harder to quantify than medical bills or lost income, but an experienced truck accident lawyer will calculate a fair amount based on the severity of your injuries and the impact the accident has had on your life.
Loss of Enjoyment of Life
When your injuries prevent you from enjoying activities or hobbies that were once an important part of your life, you may be entitled to compensation for loss of enjoyment of life. This can include everything from being unable to participate in sports or recreational activities to missing out on significant life events because of your injuries.
Property Damage
Your vehicle may have sustained significant damage in the crash, and in some cases, it may be totaled. You're entitled to pursue compensation for the cost of repairing or replacing your vehicle, as well as any other personal property that was damaged in the accident.
What Happens if Police Can't Find the Truck Driver?
You might worry about what happens if no one locates the truck driver. Does this mean you won't get compensated for your injuries? The short answer is no. You still have options, even if the driver remains unidentified.
Uninsured Motorist Coverage
If the driver isn't found, your uninsured motorist coverage may kick in to cover your medical expenses, lost income, and other damages. This type of coverage is designed to protect you in situations where the at-fault driver is uninsured or cannot be identified. Your truck accident attorney will file a claim with your insurance company and ensure you receive fair compensation through this avenue.
Filing a Claim Against the Trucking Company
Even if the driver isn't found, you can still pursue a claim against the trucking company. If the company was negligent – whether it was by hiring unqualified drivers, failing to maintain the vehicle, or violating federal regulations – they can be responsible for your damages. Trucking companies often carry large insurance policies to cover these types of claims, and your lawyer will work to hold them accountable.
The Impact on Your Life After a Hit-and-Run Truck Accident
The impact of a truck accident doesn't stop when the crash ends. You're left dealing with the physical, emotional, and financial fallout, which can last for months or even years. The uncertainty of not knowing who was responsible or whether they'll be brought to justice only adds to the stress.
Physical Recovery
Truck accidents often result in serious injuries that require long-term medical care. Depending on the severity of your injuries, you may face months of rehabilitation, physical therapy, and ongoing medical treatment. Some injuries may be permanent, leaving you with chronic pain or disability.
Emotional and Psychological Effects
A hit-and-run truck accident can also take a significant emotional toll, affecting your ability to return to your normal life – especially if the driver responsible for the accident hasn't been found. Seeking support from mental health professionals can help you process these feelings and move forward.
Financial Burdens
The financial burden of a truck accident can be terrible, especially if the driver fled the scene and you're left dealing with the aftermath. Medical bills, lost income, and property damage can add up quickly, leaving you struggling to make ends meet. Pursuing compensation through legal channels is the best way to ease this burden and ensure you're not left paying for someone else's negligence.
Move Forward After a Hit-and-Run Truck Accident, Call an Attorney Near You Today
A hit-and-run accident involving a truck is a nightmare scenario. You're left with injuries, financial stress, and the frustration of not knowing whether the driver will ever be caught. But you don't have to go through this alone. A truck accident lawyer can help you explore your legal options, whether it's pursuing compensation from your insurance company, filing a claim against the trucking company, or seeking justice through other avenues.
While the road to recovery may be long, taking action and holding the responsible parties accountable is the first step. The legal system offers pathways to compensation and justice, even in the most difficult circumstances. You deserve to focus on your recovery, and with the right legal help, you can move forward and regain control of your life. Contact a personal injury lawyer as soon as possible for a free consultation to learn more about your legal options.