If you suffered an injury in any truck accident, you have the right to financial compensation if you can prove that the accident was the truck driver’s fault. In almost all cases, you will get the truck driver’s contact and employment information, so you can file a claim with their insurance company when you are seeking compensation.
Your case can present huge challenges when the truck driver does not stop at the scene of the accident. You should immediately contact a truck accident attorney to handle your case if that happens.
If you suffered an injury in any truck accident, you have the right to financial compensation if you can prove that the accident was the truck driver’s fault. In almost all cases, you will get the truck driver’s contact and employment information, so you can file a claim with their insurance company when you are seeking compensation.
Your case can present huge challenges when the truck driver does not stop at the scene of the accident. You should immediately contact a truck accident lawyer to handle your case if that happens.
Failure to Stop an Accident Scene Is a Significant Offense
Most truck drivers will stop at the scene after the accident. They know the professional and legal consequences of failing to stop at the scene. Not only are they practically guaranteed to lose their job, but their record will have a permanent black mark if they flee a crash scene. They may never earn a living in the trucking field again.
In addition, state law can punish leaving the scene of an accident with jail time.
- If there is property damage, a hit-and-run offense can be a second-degree misdemeanor with up to 60 days in jail
- If there are injuries, a hit-and-run can be a second or third-degree felony with a jail sentence of up to three years.
Truck Drivers May Be Afraid of Losing Their Job After an Accident
However, some truck drivers may panic after they have been in an accident. They may be afraid for their job, and they may think that they can lose their CDL.
Depending on the time of day (most hit-and-run accidents occur at night) and whether they think there were witnesses, the truck driver may not stop at all, especially if they think they can get away with it. Regardless of the reason, the driver will be in serious trouble if they get caught. In the meantime, it does not help you get full financial compensation for your injuries.
You Can File a Claim Against Your Own Auto Insurance Policy
If you have been in any hit-and-run accident, you will not go completely without financial compensation. The law requires your auto insurance company to offer you uninsured motorist coverage, which exists to pay you in situations just like this. You can always file a claim against your insurance policy up to the coverage limits.
Report the Accident to the Police Immediately
First, you will need to do several things. Law enforcement likely showed up at the scene of the accident—if they did not, you should immediately report the accident. The police officer at the scene should write an accident report noting that the other driver left the scene of the accident. You will need this evidence when you submit an insurance claim.
Contact Your Own Insurance Company to Report the Accident
Then, you need to contact the insurance company right after the accident to make a report. You should report the accident immediately, so the insurance company can connect your injuries to this specific accident. Otherwise, the insurance company is less likely to believe your report and may challenge your claim.
Use Caution When Speaking to Your Insurance Company
When you speak with your insurance company, you must be careful with what you say to them. If you are filing a claim against your own insurance, they will become your adversary because they are the ones who are writing your check. They are looking for facts and information to use against you to reduce the amount of your claim.
Stick to just the facts of the accident and describe the damage and your injuries. Do not editorialize – the damage to your car and your medical records should speak for themselves.
Filing an Uninsured Motorist Claim Can Be Difficult
There are several challenges in filing an uninsured motorist claim. First, your insurance company is every bit as stingy and difficult as the truck driver’s carrier. Insurance companies operate in the same way with the same guidance principles – they do not like to pay money and do everything they can to avoid it.
Your insurance company may pay out on the claim, but they will try to shortchange you at every turn and pay you a fraction of what you owe.
Your Coverage Is Less than a Trucking Company Would Have
The second challenge is that your own insurance coverage will likely only be for a fraction of what your actual damages are. Truck accident injuries tend to be more serious than those in the average car accident because the crash unleashes a tremendous amount of force.
A fully loaded tractor-trailer weighs at least 25 times more than the average car, and the size disparity means that motorists may not walk away unscathed. Not only will you need to fight for every dollar that you get, but you may also end up under-compensated.
Therefore, it makes sense for you to contact a lawyer right after the accident. Your lawyer can likely work with an investigator to track down the responsible truck driver because you need access to the larger insurance policy that can fully compensate you for your injuries.
A Private Investigator May Locate the Responsible Truck Driver
You should certainly not give up on finding the responsible truck driver just because they left the scene of the accident. There is both accountability and financial compensation at stake. Chances are that the trucking company that employs the driver has much more insurance coverage than you to pay for your damages.
To track down the responsible truck driver, a truck accident investigator may:
- Track down witnesses to the accident and get all the possible information about the truck
- Search the general area to see if there are any traffic or surveillance cameras that have footage
- Search for evidence in the area, such as paint chips or other debris
- Contacting local tow and maintenance shops to see if a vehicle underwent repairs
Some private investigators specialize in locating hit-and-run drivers. If you contact an attorney right after your truck accident, they can begin to investigate before the trail begins to go cold.
You May Need to Fight for Compensation Regardless of Where You File
If law enforcement or a private investigator eventually locates the responsible truck driver, your insurance company can seek reimbursement for its coverage from your settlement check. Therefore, you need a lawyer who can negotiate enough compensation to pay for both your future injuries and to reimburse all insurance providers that have already paid money towards your claim.
Truck driver hit-and-run accidents are very rare. Trucks are very large vehicles, and it is difficult for the driver to get away from the area unseen, especially after a truck accident. The initial accident itself may have damaged the truck to the point where it jackknifed or rolled over. This makes it impossible for a truck driver to flee the scene, as significant cleanup is necessary.
Truck Drivers Stand Less of a Chance of Getting Away With Leaving the Scene
If you have been in an accident with a commercial truck, chances are the police will find the responsible driver eventually. Simply stated, it is much more difficult for a truck driver to get away from an area undetected. Witnesses may have seen the crash or who viewed the driver in the area after the accident.
There are fewer places for a truck driver to hide. They cannot dispose of their truck, nor can they hide the damage to it.
Eventually, the truck driver will have to bring the truck back to the company’s depot. Maintenance workers will spot the damage and should alert the trucking company. The trucking company should then report the accident.
You Can Sue the Trucking Company When You Find the Driver
The trucking company is legally responsible for anything that its driver does. Under common law, a truck driver is an agent of their employee. Their actions are an extension of the trucking company for purposes of liability. What this means is that you can sue a trucking company when you have suffered an injury by their driver, giving you access to a deeper pocket.
In addition, the trucking company will have its own obligation to report the accident to law enforcement. They should notice that there was damage to the truck. Once they see it, they should notify law enforcement of the accident. If they do not report the accident, the trucking company can be in serious trouble.
The Trucking Company Can Face Trouble for What Their Driver Did
If you can eventually find the responsible truck driver, the trucking company may have serious legal risks. The fact that the trucking company did not report the accident when they should have can greatly anger a jury if your case went that far. The jury may assess punitive damages against the trucking company if your case does not settle beforehand. Just the prospect of a “nuclear verdict” can give you more leverage in settlement negotiations.
You cannot assume that you will receive compensation for your injuries just because the accident was a hit-and-run. Any involved insurance companies will still investigate the accident to the fullest extent possible. If they deem you to be at fault for the accident, they might not pay you. Therefore, you should still hire a truck accident attorney who can investigate the accident and present your claim to the appropriate insurance company.
Your Compensation in a Truck Hit-and-Run Accident
Regardless of which insurance company pays for your damages, your lawyer might recover for you:
- The costs of your medical care and treatment
- Lost wages for time missed from work or a reduction in your earning capacity
- Pain and suffering for both physical and emotional effects of the accident
- Loss of enjoyment of life
- Permanent scarring and disfigurement
If you read this after your loved one died in a hit-and-run truck accident, your family can file a wrongful death claim, even if it is against your family member’s own insurance policy.
You May Need to Sue Your Own Insurance Company to Get What You Deserve
If the insurance company denies your claim or it will not pay you enough money, you can file a lawsuit. It is legally possible to sue your own insurance company when they do not fully pay a claim. Most truck accident claims will reach settlement agreements, but you always have the option to file a lawsuit if necessary.
If your insurance company makes you an inadequate settlement offer, you have the legal right to reject it. There is nothing that says that you even have to negotiate with the insurance company. It usually makes sense to go through the claims process, but it is not the end of your case if you cannot reach an agreement. Your attorney can make a counteroffer for the amount that you think you deserve. Usually, you can reach an agreement with the insurance company to settle your claim.
Get Legal Help Right After the Accident
Most of all, you need legal help after a hit-and-run accident. There are a number of complex legal issues that you should not attempt to handle on your own. Truck accident cases can be worth a significant amount of money, especially if you can eventually locate the responsible driver. A truck accident attorney can deal with insurance companies and help you negotiate the right settlement for your injuries.
It does not cost you anything upfront to hire a truck accident attorney, as a lawyer works for you on a contingency basis. A truck accident attorney only receives legal fees if you win your case and gets nothing for their time if you do not receive money.
Because you have nothing to lose by seeking help from a truck accident lawyer, you should not delay in setting up a no-cost consultation today.
Failure to Stop an Accident Scene Is a Significant Offense
Most truck drivers will stop at the scene after the accident. They know the professional and legal consequences of failing to stop at the scene. Not only are they practically guaranteed to lose their job, but their record will have a permanent black mark if they flee a crash scene. They may never earn a living in the trucking field again.
In addition, state law can punish leaving the scene of an accident with jail time.
- If there is property damage, a hit-and-run offense can be a second-degree misdemeanor with up to 60 days in jail
- If there are injuries, a hit-and-run can be a second or third-degree felony with a jail sentence of up to three years.
Truck Drivers May Be Afraid of Losing Their Job After an Accident
However, some truck drivers may panic after they have been in an accident. They may be afraid for their job, and they may think that they can lose their CDL.
Depending on the time of day (most hit-and-run accidents occur at night) and whether they think there were witnesses, the truck driver may not stop at all, especially if they think they can get away with it. Regardless of the reason, the driver will be in serious trouble if they get caught. In the meantime, it does not help you get full financial compensation for your injuries.
You Can File a Claim Against Your Own Auto Insurance Policy
If you have been in any hit-and-run accident, you will not go completely without financial compensation. The law requires your auto insurance company to offer you uninsured motorist coverage, which exists to pay you in situations just like this. You can always file a claim against your insurance policy up to the coverage limits.
Report the Accident to the Police Immediately
First, you will need to do several things. Law enforcement likely showed up at the scene of the accident—if they did not, you should immediately report the accident. The police officer at the scene should write an accident report noting that the other driver left the scene of the accident. You will need this evidence when you submit an insurance claim.
Contact Your Own Insurance Company to Report the Accident
Then, you need to contact the insurance company right after the accident to make a report. You should report the accident immediately, so the insurance company can connect your injuries to this specific accident. Otherwise, the insurance company is less likely to believe your report and may challenge your claim.
Use Caution When Speaking to Your Insurance Company
When you speak with your insurance company, you must be careful with what you say to them. If you are filing a claim against your own insurance, they will become your adversary because they are the ones who are writing your check. They are looking for facts and information to use against you to reduce the amount of your claim.
Stick to just the facts of the accident and describe the damage and your injuries. Do not editorialize – the damage to your car and your medical records should speak for themselves.
Filing an Uninsured Motorist Claim Can Be Difficult
There are several challenges in filing an uninsured motorist claim. First, your insurance company is every bit as stingy and difficult as the truck driver’s carrier. Insurance companies operate in the same way with the same guidance principles – they do not like to pay money and do everything they can to avoid it.
Your insurance company may pay out on the claim, but they will try to shortchange you at every turn and pay you a fraction of what you owe.
Your Coverage Is Less than a Trucking Company Would Have
The second challenge is that your own insurance coverage will likely only be for a fraction of what your actual damages are. Truck accident injuries tend to be more serious than those in the average car accident because the crash unleashes a tremendous amount of force.
A fully loaded tractor-trailer weighs at least 25 times more than the average car, and the size disparity means that motorists may not walk away unscathed. Not only will you need to fight for every dollar that you get, but you may also end up under-compensated.
Therefore, it makes sense for you to contact a lawyer right after the accident. Your lawyer can likely work with an investigator to track down the responsible truck driver because you need access to the larger insurance policy that can fully compensate you for your injuries.
A Private Investigator May Locate the Responsible Truck Driver
You should certainly not give up on finding the responsible truck driver just because they left the scene of the accident. There is both accountability and financial compensation at stake. Chances are that the trucking company that employs the driver has much more insurance coverage than you to pay for your damages.
To track down the responsible truck driver, a truck accident investigator may:
- Track down witnesses to the accident and get all the possible information about the truck
- Search the general area to see if there are any traffic or surveillance cameras that have footage
- Search for evidence in the area, such as paint chips or other debris
- Contacting local tow and maintenance shops to see if a vehicle underwent repairs
Some private investigators specialize in locating hit-and-run drivers. If you contact an attorney right after your truck accident, they can begin to investigate before the trail begins to go cold.
You May Need to Fight for Compensation Regardless of Where You File
If law enforcement or a private investigator eventually locates the responsible truck driver, your insurance company can seek reimbursement for its coverage from your settlement check. Therefore, you need a lawyer who can negotiate enough compensation to pay for both your future injuries and to reimburse all insurance providers that have already paid money towards your claim.
Truck driver hit-and-run accidents are very rare. Trucks are very large vehicles, and it is difficult for the driver to get away from the area unseen, especially after a truck accident. The initial accident itself may have damaged the truck to the point where it jackknifed or rolled over. This makes it impossible for a truck driver to flee the scene, as significant cleanup is necessary.
Truck Drivers Stand Less of a Chance of Getting Away With Leaving the Scene
If you have been in an accident with a commercial truck, chances are the police will find the responsible driver eventually. Simply stated, it is much more difficult for a truck driver to get away from an area undetected. Witnesses may have seen the crash or who viewed the driver in the area after the accident.
There are fewer places for a truck driver to hide. They cannot dispose of their truck, nor can they hide the damage to it.
Eventually, the truck driver will have to bring the truck back to the company’s depot. Maintenance workers will spot the damage and should alert the trucking company. The trucking company should then report the accident.
You Can Sue the Trucking Company When You Find the Driver
The trucking company is legally responsible for anything that its driver does. Under common law, a truck driver is an agent of their employee. Their actions are an extension of the trucking company for purposes of liability. What this means is that you can sue a trucking company when you have suffered an injury by their driver, giving you access to a deeper pocket.
In addition, the trucking company will have its own obligation to report the accident to law enforcement. They should notice that there was damage to the truck. Once they see it, they should notify law enforcement of the accident. If they do not report the accident, the trucking company can be in serious trouble.
The Trucking Company Can Face Trouble for What Their Driver Did
If you can eventually find the responsible truck driver, the trucking company may have serious legal risks. The fact that the trucking company did not report the accident when they should have can greatly anger a jury if your case went that far. The jury may assess punitive damages against the trucking company if your case does not settle beforehand. Just the prospect of a “nuclear verdict” can give you more leverage in settlement negotiations.
You cannot assume that you will receive compensation for your injuries just because the accident was a hit-and-run. Any involved insurance companies will still investigate the accident to the fullest extent possible. If they deem you to be at fault for the accident, they might not pay you. Therefore, you should still hire a truck accident attorney who can investigate the accident and present your claim to the appropriate insurance company.
Your Compensation in a Truck Hit-and-Run Accident
Regardless of which insurance company pays for your damages, your lawyer might recover for you:
- The costs of your medical care and treatment
- Lost wages for time missed from work or a reduction in your earning capacity
- Pain and suffering for both physical and emotional effects of the accident
- Loss of enjoyment of life
- Permanent scarring and disfigurement
If you read this after your loved one died in a hit-and-run truck accident, your family can file a wrongful death claim, even if it is against your family member’s own insurance policy.
You May Need to Sue Your Own Insurance Company to Get What You Deserve
If the insurance company denies your claim or it will not pay you enough money, you can file a lawsuit. It is legally possible to sue your own insurance company when they do not fully pay a claim. Most truck accident claims will reach settlement agreements, but you always have the option to file a lawsuit if necessary.
If your insurance company makes you an inadequate settlement offer, you have the legal right to reject it. There is nothing that says that you even have to negotiate with the insurance company. It usually makes sense to go through the claims process, but it is not the end of your case if you cannot reach an agreement. Your attorney can make a counteroffer for the amount that you think you deserve. Usually, you can reach an agreement with the insurance company to settle your claim.
Get Legal Help Right After the Accident
Most of all, you need legal help after a hit-and-run accident. There are a number of complex legal issues that you should not attempt to handle on your own. Truck accident cases can be worth a significant amount of money, especially if you can eventually locate the responsible driver. A truck accident attorney can deal with insurance companies and help you negotiate the right settlement for your injuries.
It does not cost you anything upfront to hire a truck accident attorney, as a lawyer works for you on a contingency basis. A truck accident attorney only receives legal fees if you win your case and gets nothing for their time if you do not receive money.
Because you have nothing to lose by contacting an attorney, you should not delay in setting up a no-cost consultation today.
