When you or a loved one has been in a truck accident, the law requires that everyone stop at the scene. You must obtain the contact information for the truck driver, as well as their driver’s license and knowledge about which trucking company employs them. In most cases, the truck driver will stop at the scene; when they do not, the truck driver is breaking the law. In addition, you will have a more difficult path to financial compensation for your injuries.
Nevertheless, you still have legal options, even if the truck driver has fled the scene of the accident. It may still be possible to track down the responsible driver, and you can do so with the help of a truck accident attorney. Additionally, you can file a claim against your own uninsured motorist coverage. You can always seek compensation from the trucking company if and when authorities find the driver. If you have suffered an injury in a hit-and-run truck accident, you need to get legal help from a truck accident lawyer immediately. Call a truck accident attorney at Langston & Lott at (662) 728-9733 to schedule a free initial consultation.
Key Takeaways About Hit-and-Run Truck Accidents
- You cannot control who you are in an accident with on the road, or whether they stop at the scene.
- When you have been in an accident with a truck driver who did not stop, you can face a more complicated path to compensation, although it is possible to receive payment for your injuries.
- You can file a claim against your uninsured motorist coverage at the same time as you continue to make efforts to find the driver in the crash.
- A truck accident lawyer can fight for you to receive the full compensation that you have a legal right to, and they can also work to find the driver who was responsible for your injuries.
- Get immediate legal help from a truck accident lawyer who can fight for your legal rights.
Why Truck Drivers Leave the Scene of an Accident
Truck drivers may leave the scene of an accident for several reasons, although doing so is illegal and can result in serious criminal and civil consequences. One common reason is fear of legal repercussions. A driver who was at fault, driving under the influence, or violating regulations may panic and flee to avoid arrest, fines, or license suspension. In some cases, drivers may be unlicensed, uninsured, or operating a commercial vehicle without proper authority, prompting them to avoid police involvement.
Another factor is pressure from employers or tight delivery schedules. Some drivers may believe that leaving the scene will allow them to continue their route and avoid scrutiny from their employer. Fatigue or confusion after a crash can also contribute, particularly if a driver is disoriented or suffers from minor injuries that impair judgment.
A truck driver may leave the scene of an accident because they were drinking before the crash. The legal blood alcohol content for a truck driver is .04, meaning that they may be breaking the law when they have had as little as one drink. The truck driver may be lucid enough to know that they will be in serious trouble if they stop at the scene because they may be subject to testing. Their job, and even their freedom, may be in danger, so the truck driver may panic or hope that no one will catch them.
Finally, the truck driver may not realize that they hit your car. Trucks are large vehicles, and the driver may not have noticed an impact that required them to pull over their vehicle. Whether they intended to leave the scene or not, the effect on you is still the same.
Regardless of the reason, fleeing the scene creates additional dangers, including leaving injured parties without immediate medical assistance and complicating insurance claims. Law enforcement and insurance companies treat hit-and-run incidents seriously, and victims often require legal assistance to locate the responsible driver and secure compensation. A truck accident lawyer can help navigate these complex cases, ensuring that victims receive the medical care and financial recovery they deserve.
How Can I Obtain Compensation When a Truck Driver Has Left the Scene of the Accident?
If a truck driver leaves the scene of an accident, obtaining compensation can be more challenging, but there are still ways to protect your rights and recover damages. The first step is to report the accident to law enforcement as soon as possible. A police report documents the incident and is vital for filing insurance claims and any subsequent legal proceedings.
Collecting evidence at the scene, such as photographs, witness statements, and dashcam footage, can also help identify the truck or driver and support your case.
If the at-fault driver remains unidentified, you may file a claim under your uninsured motorist coverage or underinsured motorist coverage through your own insurance policy. This coverage should provide compensation when the responsible party cannot be located or lacks adequate insurance.
Even when you are dealing with your own insurance company, you cannot assume that it will be friendly to your interests. Insurance companies want to protect their bottom line. They will make your claim difficult for you in any way that they can, whether by denying liability for the accident or making you a low settlement offer. Your truck accident attorney still needs to fight for you, even when you are dealing with your own insurance company.
Can a Truck Accident Attorney Help Find the Truck Driver Who Caused the Accident?
You may not want to rely exclusively on a law enforcement investigation and their efforts to find the truck driver who was in the accident. Sometimes, it is best to enlist the assistance of someone with investigative skills to locate the driver in question.
A truck accident lawyer can work to locate the truck driver who was responsible for the crash that injured you. It is in your interest to undertake a comprehensive search to find the driver because you may then have access to the trucking company’s insurance policy. Federal trucking regulations require that a trucking company carry at least $750,000 in coverage. The reality is that many trucking companies will have far more than the minimum amount in coverage, as their assets can be at risk in the event of a lawsuit.
Hit-and-run cases often involve gathering evidence from multiple sources. A lawyer can work with law enforcement to obtain police reports, surveillance footage, traffic camera recordings, and witness statements. They may also collaborate with insurance investigators or private investigators to identify the responsible driver. Even if the driver is unidentified, a lawyer can guide you in filing a claim under your own uninsured motorist coverage or pursuing compensation from other liable parties, ensuring you receive the financial support needed for medical bills, lost earnings, and other damages.
Do I Still Need to Prove Fault in a Hit-and-Run Truck Accident Case?
In a hit-and-run truck accident case, you typically need to establish fault to recover compensation, though the process may differ slightly from standard accident claims. Fault determines who is legally responsible for the accident and the resulting damages, including medical bills, lost earnings, property damage, and pain and suffering. Even if the driver fled the scene, your legal team can use evidence such as police reports, witness statements, traffic camera footage, dashcam recordings, and vehicle debris to identify the responsible party and demonstrate negligence.
If the driver remains unidentified, you can often still pursue compensation through your uninsured or underinsured motorist coverage. In these cases, proving fault is less about assigning liability to another party and more about establishing that the accident occurred due to circumstances that entitle you to benefits.
An experienced truck accident lawyer can guide you through this process, collecting evidence, reconstructing the accident, and negotiating with insurance companies. They can also pursue claims against the trucking company if it employed the driver at the time. While proving fault is key, having skilled legal representation ensures that even hit-and-run victims have a path to fair compensation and justice.
How a Truck Accident Attorney Can Fight for Me When the Driver Has Left the Scene
When a truck driver leaves the scene of an accident, recovering compensation can be complex, but a skilled truck accident lawyer can fight for your rights and help you obtain the damages you deserve. One of the first steps a lawyer takes is to investigate the accident thoroughly. They gather evidence such as police reports, witness statements, traffic camera footage, and dashcam recordings to identify the responsible driver. They may also collaborate with private investigators or insurance professionals to locate the truck or the trucking company.
A lawyer can guide you through the insurance claims process, including filing claims under your uninsured motorist coverage if the at-fault driver remains unidentified or lacks sufficient insurance. They ensure that you submit all necessary documentation accurately and on time, avoiding common delays or denials.
Additionally, a truck accident attorney can handle negotiations with insurance companies on your behalf. Insurance adjusters may attempt to minimize payouts, especially in hit-and-run cases; however, an experienced lawyer can fight for full compensation that covers medical bills, lost earnings, property damage, pain and suffering, and future care needs.
If necessary, your attorney can also pursue a lawsuit against any liable parties, such as the trucking company, if it employed the driver at the time of the accident. By managing these legal issues, a truck accident lawyer allows you to focus on recovery while aggressively advocating for your financial and legal rights.
Can a Truck Accident Attorney Get Me Punitive Damages if Authorities Find the Truck Driver?
You may pursue punitive damages if authorities find the truck driver who fled the scene of an accident, depending on the circumstances of the case. Punitive damages are not only to compensate the victim but also to punish particularly reckless, negligent, or intentional behavior and to deter similar conduct in the future. Leaving the scene of an accident, especially one causing serious injury or death, is highly negligent and, in some cases, willful misconduct. This behavior can strengthen a claim for punitive damages.
To obtain punitive damages, you generally must show that the driver’s actions went beyond ordinary negligence. For example, fleeing the scene of the accident to avoid legal consequences, driving under the influence, or knowingly violating safety regulations may support such a claim. Evidence like police reports, eyewitness accounts, or video footage can be crucial in demonstrating the driver’s reckless or intentional misconduct.
A skilled truck accident lawyer can help build a strong case for punitive damages by documenting the circumstances, gathering expert testimony, and presenting evidence in court or during settlement negotiations. They can also pursue compensatory damages for medical expenses, lost earnings, property damage, and pain and suffering.
Frequently Asked Questions About Hit and Run Truck Accidents
What should I do after a hit-and-run truck accident?
First, ensure your safety and move to a secure location, if possible. It is essential to contact law enforcement to report the accident and provide them with all relevant details. Then, seek immediate medical help and contact a truck accident lawyer to handle your legal case.
How much is my hit-and-run truck accident case worth?
The value of your case depends on many factors, including the amount of available insurance coverage and the extent of your injuries. An experienced lawyer can guide you through the process and explain the worth of your case.
How do I pay my truck accident lawyer?
A truck accident attorney works on a contingency fee basis, meaning they receive nothing upfront, and you only pay them if you win your case. Then, they will receive a percentage of your settlement or jury award.
A Truck Accident Attorney is Standing By
While punitive damages do not occur in every case, having an experienced attorney increases the likelihood that victims receive both justice and fair financial recovery. Call a truck accident lawyer at Langston & Lott at (662) 728-9733 to discuss your case.
