If you suffered injuries in a truck accident, you may recover substantial financial compensation when you can prove the driver was negligent. In most cases, the truck driver will remain at the scene and provide proper information about themselves and the trucking company they worked for.
In rare cases, however, the truck driver may flee the scene despite their legal obligation to stop and help accident victims. When this happens, it can complicate your case, although it does not make it impossible for you to receive compensation for your injuries. You should immediately consult a truck accident lawyer about your best legal options if a truck driver leaves the scene of your accident.
Why Truck Drivers May Flee the Scene of the Accident
A truck driver may flee the scene of the accident for many reasons. The most common explanation for a hit-and-run truck accident is the fact that the truck driver is scared for their job. They may know immediately that they did something wrong, and they fear for their livelihood.
The truck driver may have been distracted or even had alcohol in their system, and they know that they can face consequences. The truck driver might think there were no witnesses to the accident, so they may not be caught. They may panic and not consider that leaving the accident scene is a crime.
Regardless of the reason, leaving the scene leaves you in a difficult position, though a truck accident attorney can advise on what to do and identify avenues for compensation.
Make Sure That There Is a Report of the Accident
The first thing you should do is report the accident to law enforcement. If you did not report it at the scene for whatever reason, make sure to file an immediate report now. You need a record of the accident to file the claim.
The sooner you report the accident to the police, the greater chance they might have of locating the truck driver before the trail goes cold.
You May Still Seek Compensation for a Hit-and-Run Truck Accident
Not having an identified responsible party to sue does not necessarily prevent you from receiving compensation for your injuries. You might have uninsured motorist coverage on your car insurance policy, which can come into play in any type of hit-and-run accident.
You can file a claim against your own insurance policy and seek compensation up to your policy limit. You want your truck accident attorney handling this claim, even with your own provider, as there can still be complications.
If law enforcement officers locate the responsible driver and they have coverage, your insurance company can later be reimbursed for the money it paid to you in an uninsured motorist claim.
A Truck Accident Attorney Can Also Work to Locate the Truck Driver
It is extremely helpful to locate the truck driver responsible for the accident. Knowing the driver’s identity usually means you can also file a claim against the trucking company, which can be highly beneficial.
Chances are the company has far more insurance coverage than you do. You always want to have a deeper pocket to file a claim against because it can result in more compensation for your serious injuries and losses.
The authorities will likely perform their own investigation and make efforts to locate the truck driver. Leaving the scene of the accident is a criminal offense, and law enforcement has an interest in catching the truck driver who fled the scene. However, their interests are not the same as yours.
Although they want to locate the driver, law enforcement also has their own resources and priorities, and they do not have compensation on the line. You cannot control how aggressively they will investigate and the lengths they may go to when locating the driver.
You need someone who can conduct their investigation and work to find the responsible driver. Accordingly, you should hire a truck accident attorney who can take measures to do so.
A truck accident lawyer can do a number of things to locate the responsible driver, including:
- Speaking to witnesses who saw the accident
- Reviewing surveillance video that may have captured the accident
- Reviewing reports of truck accidents made to police by anyone who performed service on the truck
- Perform a license plate check if you have partial information about the identification of the truck
The trucking company may have an interest in reporting the accident. If it learns of the hit-and-run and tries to hide the truck and any evidence of the accident, it can be in serious trouble if your truck accident lawyer discovers the responsible driver.
You may recover punitive damages if your case goes to trial because the trucking company’s deceptive actions might anger the jury.
You Still Need to Prove Negligence in a Hit-and-Run Accident
Even if the truck driver leaves the accident scene, you still need to prove someone else was at fault before you qualify for financial compensation. Your insurance company requires proof of negligence before it will make a payment under your underinsured motorist coverage.
Then, you also still need to negotiate compensation with your own insurance company, and your provider can make things difficult and make lowball offers. Thus, you always require the help of a truck accident lawyer, even if there is no trucking company in the picture to fight against you.
No matter what, you should always hire a truck accident attorney immediately after your accident. They can begin an investigation that might result in finding the truck driver. In the meantime, they can work with your own insurance company to secure your financial compensation for your injuries.
Your truck accident lawyer can gather evidence about the crash to prove fault, and they can quantify your damages. Never make assumptions about your case and the possibility of financial compensation for your injuries until you speak with a personal injury attorney. Consultations are free with no obligation.