What Happens if a Truck Driver Leaves the Scene of an Accident?
When a negligent truck driver leaves the scene of an accident, it is considered a hit-and-run, which is both illegal and dangerous. The driver may flee due to fear of legal consequences, lack of insurance, or a desire to avoid responsibility. Regardless of the reason, this makes it harder for accident victims to identify the at-fault party and recover damages.
A Phoenix truck accident lawyer can help by investigating the accident circumstances, gathering evidence, and working with law enforcement to identify the driver. They can also assist in filing an uninsured motorist claim if the driver remains unidentified or has no insurance. Additionally, a lawyer will pursue the fair compensation you deserve for your injuries, medical bills, and damages.
How Do Negligent Truck Drivers Cause Crashes?
Careless and reckless truck drivers are a major cause of accidents. Their negligent actions or inactions can result in serious collisions, injuries, and even fatalities. There are several common ways that negligent truck drivers may cause crashes, and each type of accident presents unique dangers.
- One of the most common forms of negligence is driver fatigue. Truck drivers are often under pressure to meet tight delivery schedules, which can lead to long hours on the road. When a driver is tired or sleepy, their reaction times slow down, and their ability to focus diminishes. This can result in drifting into other lanes, rear-end collisions, or losing control of the truck. Fatigue-related accidents are particularly dangerous because large trucks take much longer to stop than smaller vehicles.
- Another frequent cause of accidents is reckless driving. This can include speeding, tailgating, or weaving in and out of traffic. Truck drivers may take risks to meet deadlines or save time, but this type of behavior increases the chances of collisions. A truck traveling at high speeds can cause catastrophic damage, especially in situations where the truck crashes into smaller cars. Jackknife accidents, where the trailer swings out of control and forms an angle with the cab, are also common in reckless driving scenarios.
- Distracted driving is another dangerous form of negligence. Truck drivers who use their phones, adjust the radio or eat while driving may not notice traffic changes or hazards ahead. Distractions can lead to failure to yield or run red lights, causing accidents at intersections or highway on-ramps. These accidents are particularly hazardous because trucks are much larger than other vehicles and have a greater stopping distance.
- Improperly loaded trucks can also lead to accidents. When a truck’s cargo is not properly secured, it can shift during transit, causing the driver to lose control. This may result in a rollover accident, where the truck flips over, or cargo spills, which can block lanes and create hazards for other drivers.
- Lastly, driving under the influence of drugs or alcohol is a major contributor to trucking accidents. Just like with any other driver, impaired truck drivers have slower reflexes, poor judgment, and reduced coordination, all of which can lead to dangerous crashes.
Common Injuries in a Truck Accident Scenario
Truck accidents that result from negligent truck drivers often lead to serious physical and mental injuries. The size and weight of trucks make crashes particularly dangerous, and victims can suffer from a wide range of injuries. These injuries can be life-changing, affecting not only the victim’s health but also their ability to work, perform daily activities, and maintain their quality of life.
Physical injuries are often the most obvious result of truck accidents. One of the most common injuries is whiplash – a neck injury that results from a sudden jerking motion during a crash. This injury can cause pain, stiffness, headaches, and limited mobility. Broken bones are also common, especially in high-impact collisions. Victims might suffer fractures in their arms, legs, ribs, or spine. In some cases, broken bones require surgery or lengthy rehabilitation to heal.
Another serious physical injury is a traumatic brain injury (TBI). When a person’s head strikes a hard surface in a truck accident, it can cause a TBI. These injuries include concussions and other severe brain damage. TBIs can lead to permanent cognitive problems, difficulty concentrating, memory loss, and even paralysis. Spinal cord injuries are also common in truck accidents, and they can result in partial or total paralysis. These injuries often require extensive medical care and can dramatically alter a person’s life. Burns are another type of physical injury, often resulting from truck fires that may occur during a crash.
In addition to physical injuries, victims of trucking accidents often experience mental and emotional trauma. The psychological effects can be just as severe as physical injuries. Many victims develop post-traumatic stress disorder (PTSD), which can include symptoms like flashbacks, anxiety, and nightmares. PTSD can interfere with everyday activities and relationships, making it difficult for victims to move on from the trauma of the accident.
Victims may also struggle with depression and chronic anxiety due to the pain, medical treatments, and changes in their lifestyle following the accident. For some, the loss of independence or the inability to return to work can lead to feelings of hopelessness and despair.
The severity of these injuries depends on the nature of the crash, but they can have long-lasting effects on victims’ lives.
Steps to Take if a Truck Driver Leaves the Accident Scene
If a truck driver leaves the scene of an accident, it’s important to take several key steps to protect your rights and help with the investigation. While seeking initial medical treatment is essential, there are other important actions to take after the incident that can aid in recovering damages and holding the responsible driver accountable.
- Report the Accident to Law Enforcement – If you haven’t already done so, the first step after the truck driver leaves the scene is to file a police report. Even if you’ve already contacted the authorities at the scene, you should follow up to ensure that an official record of the hit-and-run is made. The police will use the information you provide, along with any evidence or witness statements, to investigate the incident and track down the truck driver. A police report is essential for any legal or insurance claims you may file.
- Notify Your Insurance Company – As soon as possible after the accident, it’s important to contact your insurance company and report the hit-and-run. Be honest and thorough when providing details about the incident. Your insurance company will need to begin an investigation and assess the situation to determine how your policy covers the accident. If the truck driver cannot be found, your insurer may pursue the claim under uninsured motorist coverage, which is designed for situations like this. In some cases, your insurer may also help you identify the responsible party if there is enough evidence to work with.
- Collect Evidence of the Incident – If you were able to collect any details about the truck, such as its license plate number, make, model, color, or the direction in which it fled, be sure to document and share that information with both the police and your insurance company. Any evidence you gathered, such as photographs of the damage or footage from nearby surveillance cameras, can be useful in tracking down the driver. Witness statements are also important, as they may have seen details of the truck or its driver that can help the investigation.
- Keep Detailed Records – Throughout the entire process, keep a record of all communication with law enforcement, your insurance company, and any other parties involved. Document your expenses, including medical bills, car repairs, or any other costs related to the accident. This information will be vital if you need to file a claim or take legal action later.
- Consult an Attorney – An experienced lawyer can guide you through the legal process, ensure that your rights are protected, and explore any additional avenues for recovering compensation. They can also determine whether your case involves negligence or other legal issues that may require litigation.
How to Prove the Elements of a Hit-and-run Truck Accident Case
To prove the legal elements of a hit-and-run truck accident case, you need to establish key facts showing that the truck driver violated the law. First, you must prove that an accident occurred, typically through physical evidence like damaged property, skid marks, or photographs. Police reports and witness testimony can also support this claim.
Next, you need to show that the truck driver was responsible for the crash. This is called “liability.” Evidence like video footage or eyewitness testimony can demonstrate that the truck driver was at fault, whether by negligence or recklessness, such as speeding, failing to yield, or distracted driving.
One of the most critical elements in a hit-and-run case is proving that the driver left the scene without providing their information. This can be shown through witness testimony, surveillance footage, or physical evidence like broken parts of the truck left at the scene. The law requires drivers to stop after an accident to provide identification and contact information and assist any injured persons.
Finally, proving damages is essential. Victims should provide medical records, repair estimates, and documentation of lost income to show the financial effects of the accident.
By establishing these legal elements, you can build a strong case for compensation following a hit-and-run truck accident.
Recovering Compensation in a Hit-and-run Truck Accident Case
If a negligent truck driver leaves the scene of an accident, you may be entitled to compensation for the various damages you’ve suffered. While recovering compensation can be complicated, especially in a hit-and-run scenario, it’s still possible if you follow the proper steps and gather sufficient evidence. Here are the losses you may recover compensation for as part of an uninsured motorist claim involving a hit-and-run truck crash:
- Medical Expenses – One of the most common types of losses is for medical expenses. This includes any treatment you receive as a result of the accident, such as hospital bills, doctor’s visits, surgeries, physical therapy, prescription medications, and any future medical care that may be required. If your injuries are severe, you may need long-term treatment, and this can be included in your claim. In a hit-and-run case, your uninsured motorist (UM) coverage may cover these costs if the negligent driver cannot be identified or is uninsured.
- Property Damage – If your vehicle or any other personal property was damaged in the accident, you may recover the cost of repairs or replacement. This includes damage to your car, truck, or other items like electronics, clothing, or personal belongings that were in the vehicle. Property damage compensation will cover either the cost to repair your vehicle or its actual cash value if it is totaled in the crash.
- Lost income – If you were unable to work due to injuries sustained in the accident, you can claim lost income as part of your compensation. This can include both the earnings you lost during the time you were unable to work and any future lost income (if your injuries affect your ability to earn a living long-term). For example, if you can’t return to your job or if your career prospects are limited due to permanent injuries, you may be entitled to compensation for future lost earnings.
- Pain and Suffering – In addition to economic damages, you may also be entitled to compensation for pain and suffering. This type of loss covers the physical and emotional distress resulting from the accident and your injuries. It can include ongoing pain, anxiety, depression, and the overall effect the accident has had on your quality of life. Although pain and suffering is harder to quantify, a skilled personal injury attorney can help you determine a fair value based on the severity of your injuries.
- Emotional Distress – Emotional distress can be a separate category of compensation. The trauma from being involved in a truck accident, especially one where the other driver fled, can lead to anxiety, nightmares, or post-traumatic stress disorder (PTSD). If the accident caused significant emotional harm, you may seek compensation for these mental health struggles.
An experienced truck accident attorney will work hard to ensure that you are compensated fairly for all of your accident-related losses.
Call an Experienced Truck Accident Lawyer Right Away to Discuss Your Options
If you recently sustained injuries in a hit-and-run truck accident, a Phoenix personal injury attorney can be extremely helpful. Your truck accident lawyer will gather the necessary documentation, handle all legal proceedings for you, and fight for the monetary recovery you deserve.