If a truck driver leaves the scene of an accident, it can complicate efforts to recover compensation. However, law enforcement may investigate to identify the driver using surveillance footage, eyewitness accounts, or physical evidence from the crash. If the driver is found, they can face criminal charges, and you may file a claim against them or their employer (the trucking company).
A Calgary truck accident lawyer can help by gathering evidence, working with police, and negotiating with insurance companies. If the driver remains unidentified, the lawyer can explore other options, such as filing a claim through your uninsured motorist (UM) coverage. An experienced lawyer will fight to ensure you receive compensation for lost income, pain, suffering, and other accident-related losses.
How Do Truck Drivers Cause Accidents?
Truck drivers play a crucial role in ensuring road safety, given the large size and weight of the vehicles they operate. However, when truck drivers act negligently, the consequences can be severe for other road users. Below are some of the main ways that truck drivers negligently cause accidents.
Distracted Driving
Distracted driving is one of the most common causes of accidents involving trucks. Truck drivers may take their eyes off the road to use their phones, adjust their GPS, eat, or engage in other activities. Even a few seconds of distraction can have devastating consequences because trucks take longer to stop and are harder to maneuver than smaller vehicles.
Fatigue and Drowsy Driving
Truck drivers often work long hours and may exceed the legal driving limits. Driving while fatigued slows reaction times, impairs judgment, and increases the likelihood of falling asleep behind the wheel.
Speeding and Reckless Driving
Many truck accidents occur because drivers exceed speed limits or drive too fast for road or weather conditions. The large size and heavy weight of trucks make them harder to stop, especially at high speeds. Reckless behaviours like tailgating, weaving through traffic, or ignoring traffic signs also contribute to accidents.
Impaired Driving
Driving while under the influence of alcohol or drugs is another common form of truck driver negligence. Even legal substances, like prescription medications, can impair a driver’s ability to focus and react.
Inadequate Training or Skill
Truck drivers require special training to handle large vehicles safely. Poorly trained or inexperienced drivers may make mistakes, such as improper lane changes, failure to adjust for turns, or inability to control the truck on steep grades.
Failure to Inspect and Maintain Trucks
Negligence in inspecting or maintaining trucks can lead to mechanical failures like brake malfunctions, tire blowouts, or faulty lights. Truck drivers who fail to check their vehicles before trips put everyone on the road at risk.
Why May Truck Drivers Leave the Scene of an Accident?
When a truck driver causes an accident, remaining at the scene is a legal obligation. However, some negligent truck drivers leave the scene after causing an accident. Known as “hit-and-run” incidents, these situations create significant challenges for victims and law enforcement. Below are some of the most common reasons why negligent truck drivers may flee after causing an accident.
- Fear of Legal Consequences: Truck drivers may leave the scene out of fear of facing criminal charges or civil liability. If the driver was engaging in illegal behaviour, such as driving under the influence of drugs or alcohol, they may panic and flee to avoid immediate arrest. Similarly, if they lack a valid commercial driver’s license or have outstanding legal issues, they may decide to run rather than face the consequences.
- Employment Concerns: Many truck drivers are employed by trucking companies that hold them to high standards. If a driver causes an accident, especially through negligence like distracted driving or speeding, they may worry about losing their job or damaging their professional reputation. This fear can drive them to leave the scene in an attempt to avoid accountability.
- Lack of Awareness: In some cases, truck drivers may not realize they caused an accident. This is particularly true if the collision was minor or involved a smaller vehicle that the truck driver did not see. Trucks have large blind spots, and drivers may mistakenly believe they hit an object rather than another vehicle.
- Pressure to Meet Deadlines: Truck drivers often work under tight schedules and demanding delivery deadlines. If they believe stopping at the scene of an accident will jeopardize their delivery schedule, they may choose to leave in hopes of avoiding delays.
- Fear of Financial Effects: Truck drivers who are independent contractors may worry about the financial consequences of an accident, including increased insurance premiums or repair costs. This financial stress can lead them to flee in an attempt to evade responsibility.
Legal Options if a Truck Driver Leaves the Accident Scene
Suffering injuries in a hit-and-run truck accident resulting from a negligent truck driver can be both frustrating and overwhelming. When the driver flees the scene, it may seem challenging to recover compensation for your injuries. However, several legal options are available to help you seek justice and financial recovery.
First, if the police investigation successfully identifies the truck driver, you can file a personal injury claim or lawsuit against them. This allows you to pursue compensation for your lost income, pain and suffering, and other damages due to the accident. Evidence such as surveillance footage, eyewitness testimony, and accident scene debris can support your claim against the driver.
If the negligent truck driver was working for a trucking company at the time of the accident, the company may be held liable for your injuries. Under the legal principle of vicarious liability, employers can be responsible for their employees’ negligent actions while they are on the job. Additionally, if the company failed to properly train or supervise the driver or if poor vehicle maintenance contributed to the accident, you may have grounds for a direct claim against the company.
Moreover, if the truck driver is never identified or apprehended, you may turn to your own auto insurance policy for compensation under your uninsured motorist (UM) coverage. UM coverage is designed to protect you in cases where the at-fault driver cannot be located or does not have insurance. It can help cover lost income, loss of earning capacity, and other accident-related expenses.
Consulting an experienced truck accident lawyer is critical after a hit-and-run truck accident. An experienced lawyer will thoroughly investigate the accident, identify potential at-fault parties, negotiate with insurance companies, and pursue a lawsuit if necessary.
By exploring these legal options, you can work toward obtaining the compensation you deserve, even when a negligent truck driver leaves the scene.
Common Injuries in Trucking Accidents Where a Negligent Driver Leaves the Crash Scene
Hit-and-run truck accidents can cause devastating injuries due to the massive size and weight of commercial trucks. When a negligent truck driver flees the scene, it can complicate the victim’s ability to get immediate help and seek justice.
First, a traumatic brain injury (TBI) occurs when the accident victim’s head experiences a violent impact, which is common in truck crashes. Victims may suffer concussions, skull fractures, or severe brain damage, leading to symptoms such as headaches, memory loss, confusion, or long-term cognitive impairments.
The force of a truck collision can also damage the spinal cord, causing partial or complete paralysis. Victims may experience loss of sensation, mobility issues, or chronic pain. These injuries often require lifelong care and rehabilitation.
Moreover, truck accidents frequently result in fractures or broken bones due to the immense force of impact. Commonly broken bones include those in the ribs, arms, and legs. These injuries can lead to significant pain, limited mobility, and a lengthy recovery process.
The violent impact of a truck crash can also cause internal bleeding or damage to organs like the liver, lungs, or spleen. Internal injuries are particularly dangerous because they may not be immediately apparent and frequently require urgent medical attention.
Sudden jolts from a truck collision often result in whiplash, a soft tissue injury affecting the victim’s neck and upper back. Symptoms may include stiffness, pain, and reduced range of motion, which can linger for weeks or months.
Sharp debris or broken glass from the accident can cause deep cuts or lacerations. If the truck or surrounding vehicles catch fire, victims may also suffer severe burns, leading to disfigurement and the need for extensive medical treatment.
Beyond physical injuries, victims of hit-and-run truck accidents often experience emotional distress, including post-traumatic stress disorder (PTSD), anxiety, or depression. These mental health challenges can significantly affect their quality of life.
Losses You Can Recover in a Phantom Truck Accident Case
Being injured in a hit-and-run truck accident can lead to significant physical, emotional, and financial challenges. When pursuing a claim or lawsuit, you may be entitled to compensation to help cover the damages you’ve suffered. Here are the most important damages you can recover for your accident-related losses:
Lost income
If your truck accident injuries prevent you from working, you may recover compensation for lost earnings. This includes income lost during your recovery period and any future earnings (i.e. if your injuries cause a long-term disability or keep you from returning to your previous job). If you are unable to return to your previous job and have to accept a lower rate of pay at a new job, you may be eligible to receive compensation for loss of earning capacity.
Past and Future Pain and Suffering
Pain and suffering compensation is awarded for the physical pain and emotional distress you experience due to the accident. This compensation takes into account the severity of your injuries, the effects on your quality of life, and any long-term effects, such as chronic pain or psychological trauma, that you experience.
Emotional Distress
Hit-and-run truck accidents can also cause significant emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). Compensation for emotional distress can help address the mental health effects of the accident, including the costs of therapy or counselling.
Loss of Consortium
In cases where the accident affects your relationship with your spouse, then they may be entitled to receive compensation for loss of consortium. This accounts for the loss of companionship, emotional support, or intimacy directly resulting from your injuries.
The right truck accident lawyer can determine your eligibility for these damages and will work hard to maximize the compensation you recover.
Process of Litigating a Hit and Run Truck Accident Case
Litigating a hit-and-run truck accident case involves several steps, starting with filing a lawsuit and ending with a trial if the case cannot be settled beforehand.
The process begins when the accident victim’s lawyer files a lawsuit against the responsible party, which may include the truck driver’s employer or, in some cases, an uninsured motorist coverage provider if the driver’s identity is unknown. The lawsuit outlines the injuries and damages the victim is seeking.
After the lawsuit is filed, both parties exchange evidence through a process called discovery. This may include depositions, where witnesses and involved parties provide sworn testimony, as well as the exchange of documents such as medical records and accident reports.
During the litigation process, there may be opportunities for settlement. Both parties may engage in settlement talks or mediation, where the goal is to reach a financial agreement without going to trial. If all parties agree to a settlement, then the case can be resolved before trial.
If a settlement cannot be reached, the case proceeds to trial. At trial, both sides present their evidence and make their arguments. A judge or jury will determine fault and award damages if the accident victim prevails. The trial process can sometimes be lengthy, but it ensures that the injured party has a chance to receive justice.
Speak with an Experienced Truck Accident Lawyer Right Away
If you suffered injuries in a hit-and-run truck accident, a knowledgeable truck accident lawyer can take the appropriate legal steps to pursue the compensation you deserve. Call a Calgary personal injury lawyer right away for more information and to get started.
