What Happens When A Truck Driver Has An Accident? Explained

When a truck driver is involved in an accident, the aftermath can be complex and stressful for all parties involved. So, the question arises What Happens When A Truck Driver Has An Accident? The situation often involves legal intricacies, insurance claims, and sometimes, criminal charges. This article aims to provide a comprehensive guide on the subject.

Key Takeaways

• Immediate Steps: The truck driver must report the accident and may undergo drug and alcohol testing.
• Legal Consequences: The driver could face criminal charges, and the trucking company may also be liable.
• Insurance Claims: Both the truck driver and the victims can file insurance claims, but the process is complex.
• Investigation: An in-depth investigation is usually conducted to determine the cause and liability.

What Happens When A Truck Driver Has An Accident?

The immediate steps following a truck accident include reporting the incident to the authorities and the trucking company. The driver may also be subject to drug and alcohol testing. Failure to report or comply with testing can result in severe penalties.

Navigating the Aftermath of a Truck Accident

Legal Consequences

Criminal Charges

The truck driver could face criminal charges depending on the severity of the accident and whether it involved substances like alcohol or drugs.

Company Liability

The trucking company may also be liable, especially if they have been negligent in vehicle maintenance or have violated regulations.

Insurance Claims

Filing an insurance claim after a truck accident is often more complicated than car accidents due to the involvement of commercial policies. The trucking company’s insurance will play a significant role in the settlement.

Should You Accept a Settlement?

It’s crucial to consult with a personal injury lawyer before accepting any settlement offers from insurance companies.

Investigation Process

An in-depth investigation is usually conducted to determine the cause of the accident and who is liable. This may involve the police, insurance investigators, and independent experts.

Common Causes

Common causes of truck accidents include driver fatigue, substance abuse, and failure to adhere to traffic rules.

Financial Implications

Damages and Compensation

The amount of compensation you can claim depends on the severity of your injuries and the liability of the parties involved.

Legal Fees

Most personal injury lawyers charge a contingency fee, meaning you only pay if you win the case.

Government-Owned Trucks

If the truck involved in the accident is owned by a government entity, different rules and shorter statutes of limitations apply.

Legal Representation

Hiring a specialized truck accident lawyer is crucial for both the truck driver and the victims. These lawyers are well-versed in federal and state regulations and can guide you through the complex legal landscape.

Why Specialized Lawyers?

A specialized lawyer can navigate the complexities of trucking regulations and commercial insurance policies, which can be crucial for your case.

Medical Attention

Immediate Care

Victims should seek immediate medical attention, even if they feel fine. Some injuries may not manifest symptoms right away.

Long-Term Care

Long-term medical care may be necessary for severe injuries, and the costs can be claimed in a lawsuit.

Truck Inspection

A thorough inspection of the truck involved is often conducted to check for mechanical failures or violations that could have contributed to the accident.

Importance of Inspection Records

Keeping accurate and up-to-date inspection records can protect a driver from undue liability.

Witness Statements

Collecting statements from witnesses can provide valuable evidence in legal proceedings. These accounts can corroborate your version of events and may be crucial in establishing liability.

Long-Term Consequences

For the Driver

A truck driver involved in an accident may face long-term consequences, including loss of employment and increased insurance premiums.

For the Victim

The victim may suffer from long-term physical and emotional trauma, affecting their quality of life.

What To Do If You Get In A Trucking Accident?

If you find yourself involved in a trucking accident, there are several crucial steps you should follow to ensure your safety and protect your legal rights.

First and foremost, stay at the scene of the accident. Assist the other party if necessary and exchange contact and insurance information.

Contact your trucking company as soon as possible to alert them of the situation. This will enable them to notify the insurance carrier and possibly send a representative to the scene for an initial investigation.

You are also required to report the accident to the Department of Transportation (DOT) within 24 hours if it meets certain criteria, such as causing property damage, injuries requiring immediate medical attention, or fatalities.

Your trucking company will likely conduct its own internal investigation, and you may also be subject to an investigation by the Federal Motor Carrier Safety Administration (FMCSA).

If the accident results in personal injury or fatality, you are expected to submit to a drug and alcohol test.

Lastly, consider hiring a specialized truck accident lawyer to guide you through the legal process, especially if you’re unsure who is at fault.

They can help you prepare for a legal suit, investigate the incident, gather evidence, and manage the legal process.

How Common Are Truck Accidents?

Truck accidents are unfortunately quite common. According to an Esurance report, 77% of drivers have been in at least one accident in their lifetime.

The data suggests that there is a 1 in 366 chance of this occurring for every 1,000 miles driven.

The legal system has developed protocols that motorists are expected to follow in the aftermath of an accident. The procedures differ significantly for commercial truck accidents compared to regular car accidents, making it essential for truck drivers to be well-versed in the specific protocols that apply to them.

Different Types Of Truck Accidents

Truck accidents can occur for a variety of reasons and manifest in different forms. Whether it’s a head-on collision, a rear-end accident, or a cargo spill, each type of accident presents its own set of challenges and complexities.

The follow-up process will depend on various factors such as who was at fault, whether multiple parties were involved, if bodily injury or property damage occurred and if the accident resulted in a fatality.

Understanding the different types of truck accidents can help in knowing what steps to take post-accident and what legal avenues may be available.

How Much Are Most Truck Accident Settlements?

The average truck accident settlement amount is approximately $73,109.92. This figure includes cases where the defendant was operating a tractor-trailer or other heavy/commercial truck.

The data is based on trucking accident cases that were settled between 2015 and 2023. Additional settlement values are as follows:

• Average tractor-trailer settlement: $80,211.78
• Average heavy/commercial truck settlement (not including tractor-trailers): $69,787.24

It’s important to note that these are average figures and each truck accident case is unique. The settlement amount can vary based on several factors such as the severity of injuries, the extent of property damage, and whether the accident resulted in fatalities.

Why Are Trucking Accidents A Serious Issue?

Trucking accidents are a significant concern due to their potential to cause severe injuries and fatalities.

According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks caused approximately 510,000 accidents in 2019.

Out of these, 119,000 (23%) resulted in injury or death. The size and weight of semi-trucks make them particularly dangerous in collisions, often resulting in more intense trauma, higher medical bills, and costlier repairs.

How Are Truck Accidents Different From Car Accidents?

Truck accidents differ from car accidents in several ways. Firstly, the legal procedures and protocols for commercial truck accidents are more complex.

This is because truck accidents often involve multiple parties, including the trucking company, the driver, and possibly other subcontractors.

Secondly, the potential for damage and injury is much higher in truck accidents due to the size and weight of the vehicles involved.

Lastly, the insurance requirements for commercial trucks are generally higher, and the claims process can be more complicated, often requiring specialized legal expertise.

Conclusion

In conclusion, understanding what happens when a truck driver has an accident is crucial for both the driver and the victims involved. The process is complex, involving legal, insurance, and sometimes criminal aspects that require careful navigation.

Frequently Asked Questions