What Happens if a Truck Driver Flees the Scene of the Accident?

A truck accident can be disorienting, leaving victims feeling overwhelmed and uncertain about what to do next. Unfortunately, there are instances when a truck driver chooses to flee the scene of an accident, compounding the stress and frustration of the individuals affected.

This act of hit and run carries serious legal consequences, in addition to moral concerns. If you are in such a situation, you must stay calm and gather as much information as possible to try to locate the truck and its driver. Never try to track down a driver; instead, provide information to law enforcement and they might locate the hit and run driver.

If you have been in a hit-and-run truck accident, reach out to an Augusta truck accident attorney who knows truck accident laws and insurance procedures. They can guide you through the overwhelming claims process and reclaim your now-stressful life.

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What Happens if a Truck Driver Flees the Scene of the Accident?

When a truck driver flees the scene of an accident, the situation becomes more challenging for the victims. However, there are legal steps injured individuals can take to ensure justice is served and they receive the compensation they deserve.

If you are a victim of a hit and run accident involving a truck driver, reporting the incident to the authorities immediately will help your claim. The police will usually investigate to try to identify the driver and gather evidence.

You Can Still Make a Claim

In most hit and run accidents, the driver is not immediately identified. However, with the help of an experienced truck accident attorney, there are still ways to pursue an insurance claim. An attorney can gather evidence, interview witnesses, and negotiate with insurance companies on behalf of the victims pursuing uninsured motorist (UM) claims. They can also help file a third-party claim or lawsuit if the truck driver is eventually identified.

You Might Never Know Who Hit You

The likelihood of identifying the driver in a hit and run accident is often low, though the chances can be greater following a truck crash. In such cases, you need to work with a truck accident attorney who understands auto insurance and has experience dealing with insurance companies.

They can guide you through all the legal hurdles for insurance claims or even lawsuits. Put simply, a lawyer increases the chances of receiving the best compensation package.

Filing Insurance Claims

A truck accident lawyer understands the laws and regulations specific to the trucking industry. They can assess the extent of the damage caused by the accident and help victims file insurance claims to seek compensation. They have negotiation skills and a deep understanding of insurance policies and protocols, allowing them to advocate for their client’s best interests.

In cases where the truck driver is not identified, a truck accident attorney can still provide valuable assistance. They can oversee complicated legal processes, negotiate with insurance companies, and ensure that victims do not receive less compensation than they deserve.

Typical Tactics Used by Insurance Companies

Insurance companies are profit-driven entities whose primary goal is to minimize costs. This is also true of your uninsured motorist coverage provider. Adjusters may employ various tactics to lowball, stall, or dismiss your claim. Some common techniques used by insurance companies include:

Underestimating Damages

Insurance adjusters will undervalue your claim to start, either by denying the severity of your injuries or downplaying their impact on your life. If they are successful, you risk receiving an unfair settlement. This kind of outcome is hard to swallow, considering your potential medical expenses, lost income, pain and suffering, and other damages.

Disputing Liability

Insurance companies may challenge their policyholder’s liability, arguing the claimant was partially or fully liable for what happened. Such a step might significantly damage your final settlement or judgment.

Delaying the Claims Process

One of the oldest tricks in the insurers’ playbook is to delay the claims process in the hope the claimant becomes frustrated or even desperate, settling for a lower amount. This tactic leverages the financial strain and pressure you may be under.

To make the process fair and ensure you receive full compensation, a truck accident attorney should be by your side. They understand what insurance companies will try, and they can fight for your rights, advocating for the maximum settlement by presenting a strong case.

What About Pedestrian Hit and Run Accidents?

With the increasing number of trucks on the road, there is an increased threat to pedestrians. Pedestrians involved in hit and run accidents with trucks face unique challenges and may require legal assistance to navigate through the aftermath.

Options for Non-Wheeled Victims

Pedestrians with auto insurance may make a claim for damages under their policy. This can help cover medical expenses, property damage, and other related costs. Additionally, depending on their state’s laws, pedestrians may have other options available to them. This category can include health insurance coverage for medical bills or state victim compensation funds in some states.

Insurance May Not Be Enough

Your UM insurance coverage may not always be sufficient to compensate for the full extent of damages suffered in a hit and run accident. In such cases, talk with a truck accident lawyer who can explore all possible avenues for compensation and ensure that the victim’s rights are protected.

Common Injuries Sustained in Hit and Run Accidents

Hit and run truck accidents can result in a wide range of injuries. The severity of the injuries often depends on the circumstances of the accident and the impact involved. Some common injuries sustained in hit and run accidents include:

Traumatic Brain Injuries (TBI)

The force of impact can cause brain injuries, resulting in cognitive impairments, memory loss, and other long-term complications.

Spinal Cord Injuries

These injuries can lead to partial or complete paralysis, affecting a victim’s mobility and independence.

Broken Bones

The impact of a hit and run accident can cause fractures in the bones, leading to pain, immobility, and the need for extensive medical treatment.

Internal Injuries

The force of the accident can cause internal organ damage, leading to bleeding, organ failure, and other serious complications.

Emotional and Psychological Trauma

The emotional impact of a hit and run accident can be significant, causing anxiety, post-traumatic stress disorder (PTSD), depression, and other psychological issues.

Victims of hit and run accidents have rights, including the right to seek compensation for their injuries. Depending on the severity of the injuries, victims may require lengthy and expensive rehabilitation, paired with lost future earnings. In all situations involving injuries, speak with a truck accident lawyer who can push to get victims the compensation their injuries deserve.

Who Can You Sue After a Hit and Run Truck Accident?

In hit and run truck accidents, there are different parties potentially involved in a truck accident claim. These parties may include the truck driver, the trucking company, and even other potential third parties. Identifying the negligent parties will certainly improve the hopes of a successful claim.

It may be that the driver was protecting their own interests after illegal driving. The authorities might discover the negligent driver’s identity – or at least the trucking company that owned the truck. With the trucking company information, your truck accident lawyer can identify liable parties.

These parties may be liable in a truck accident case following the identification of the driver:

• The truck driver. A negligent or reckless truck driver can be held personally responsible for the accident if they are caught. Driver negligence commonly involves distracting driving, speeding, impaired driving, or violating hours of service.
• The trucking company. The trucking company may be liable if they fail to maintain the truck properly, provide adequate training to the driver, or enforce safety regulations. 
• The truck manufacturer. If a defect in the truck or its components contributed to the accident, the manufacturer may be held responsible.
• The cargo-loading company. If the accident was caused by improperly loaded or secured cargo, the company responsible for loading the truck may be liable.

What Are My Rights if a Truck Driver Hits My Car Then Flees?

If a fleeing truck driver hits your car, you need to understand your rights as a victim. The legal options available may vary depending on whether you were driving the car or were a pedestrian at the time of the accident.

Seeking Economic and Non-Economic Damages

For victims, the economic damages resulting from the accident can include medical expenses, property damage, lost earnings, and other related costs. Non-economic damages may include pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be available to punish the negligent party for their actions.

Fighting on Your Behalf

If the liable party is identified, either the truck driver or the trucking company, a truck accident lawyer can maximize the outcome of your case. They can negotiate with insurance companies and, if necessary, file a lawsuit on your behalf. Their experience and knowledge of truck accident laws and regulations can greatly improve your chances of receiving a fair settlement.

Have You Suffered a Hit and Run Accident?

If you have suffered a hit and run accident, it is important to take immediate action to protect your rights and pursue the compensation you deserve. The physical, emotional, and financial toll of a hit and run accident can be overwhelming, and it is always wise to have professional guidance and support during this challenging time.

There are three main routes for seeking compensation that a hit and run accident victim might take without a positive identification of the driver:

Uninsured Motorist (UM) Coverage

This coverage on your auto insurance policy can help cover medical bills, lost earnings, and vehicle damage. Consult a truck accident attorney to understand the terms and conditions of your policy and oversee your claim.

Personal Injury Protection (PIP) / MedPay

These coverages can help cover your medical expenses regardless of fault. You must review your policy and sit with a truck accident lawyer to understand the extent of your coverage.

Victim Compensation Funds

Some states offer victim compensation funds as a safety net option for those without the correct auto insurance or for whom coverage under their policy is insufficient. These funds can cover your current and future losses.

Regardless of which avenue you pursue, a truck accident lawyer can negotiate with insurance companies or file a lawsuit, all the while protecting your rights and interests throughout the process.

Call a Truck Accident Attorney Today

If you have been a victim of a hit and run accident involving a truck, it is important to seek legal representation as soon as possible. Do not let fears about money stop you from reaching out to a lawyer. Most truck accident lawyers work on a contingency basis, meaning they only get paid if they win your case.

Contacting an Augusta personal injury lawyer is central to a successful claim. They have the knowledge to build a case and secure the compensation you deserve. Do not face the challenges of a hit-and-run accident alone—reach out to an attorney today for free and protect your rights.

Schedule a Free Initial Consultation Today!