A hit and run accident is a distressing experience for anyone. However, the stakes become even higher when the other party involved is a truck driver.
Large commercial trucks are capable of causing massive damage, injuries, and even fatalities due to their sheer size and weight. So, after an accident, you want to hold that person accountable for their actions. But what are your legal options when a trucker leaves the scene of a crash?
If a truck driver has fled, you need to know the legal avenues to pursue if you are put into this situation.
Hit and Run Accident Laws in California
In the Golden State, leaving the scene of an accident without providing identifying information or rendering aid is considered a hit-and-run offense under Vehicle Code Section 20001 (involving injury or death) or 20002 (involving property damage).
Whether operating independently or as employees of a trucking company, truck drivers are not exempt from these laws.
With the city’s proximity to major freeways like the I-405 and I-110, there are high volumes of commercial truck traffic. In turn, that can increase the likelihood of these incidents. Here is what you can do to protect yourself after an incident.
What Are Your Legal Options?
When a trucker leaves the scene of a crash, you might think that you don’t have any legal recourse, but that is not always true. You have several options to try to seek compensation from these parties.
First, you will want to file a police report. During this time, law enforcement will play an important role in investigating the incident. When you talk to them, make sure to provide the police with as much detail as possible.
Police will examine surveillance footage, traffic camera records, and witness statements.
Fortunately, Carson does have cameras installed at intersections and along major highways. Your attorney can work with law enforcement to obtain footage that may help identify the fleeing truck. In these situations, the truck driver could face both criminal and civil charges.
Once the truck driver is identified, you may file a civil lawsuit to recover damages for medical bills, vehicle repairs, lost wages, and pain and suffering. In commercial truck cases, the trucking company may share liability if the driver acted within the scope of employment during the crash.
However, in some cases, you may be unable to find the driver. Under these circumstances, you may have to file a claim under your own uninsured motorist (UM) coverage.
California requires insurance companies to offer UM coverage, but it is optional for drivers to purchase. If you have this coverage, you can get compensation for medical expenses, lost income, and other damages.
Another option is to file a complaint with the Federal Motor Carrier Safety Administration (FMCSA). All commercial truck drivers and their companies are regulated. If the driver’s identity is known, you can report the hit-and-run to this agency. In turn, they may investigate the driver’s compliance with safety regulations.
This can add pressure to the trucking company to take action and support your legal claims.
Difficulties in Hit and Run Truck Accidents
While pursuing justice in a hit-and-run truck accident is possible, there are challenges that you need to be aware of, such as:
- Lack of identification: If the truck driver remains unidentified, legal options may be limited to those UM claims. That means you will more than likely need to pay for some damages out of pocket.
- Corporate involvement: Trucking companies often have extensive legal resources to dispute claims. As a result, they may try to refute your account of the accident.
- Severe damages: The major damage caused by trucks often leads to high-value claims. In turn, that can lead to protracted negotiations or litigation.
For this reason, you need to have legal representation. Unlike cases with a known driver, these claims involved those who have fled from the scene. Truck accident lawyers in these cases will work with the police department to help identify the driver and bring them to justice.
When a trucker leaves the scene of a crash in Carson, you might face plenty of legal and emotional challenges. However, when you understand your rights and options, that can empower you to take the necessary steps toward justice.
Whether through police investigations, civil lawsuits, or insurance claims, holding the responsible party accountable is possible with the right support.
By working with experienced legal professionals, you can work through this difficult time and secure the compensation you deserve. At Frost Law Firm, PC, we are always available to help provide you with the assistance you need during this stressful time.
