Why Leaving the Scene of an Accident is a Serious Crime?
California law § 20001 requires a driver involved in an accident to remain at the scene until the police arrive. Violation of this law can result in criminal prosecution. Situations involving trucks are particularly complicated because the driver may be a hired employee. In this case, responsibility may lie not only with the driver, but also with the trucking company.
First Steps After a Hit-and-Run Accident
1. Call the police immediately. The police will write an official report, which will be important evidence in a court of law. Be sure to provide as many details as possible, such as:
- Color
- License plate number
- Company logo
- Movement direction
All this information will play an important role in the further investigation of the case.
2. Gathering evidence. If the driver has fled, try to collect as much evidence as possible at the scene, such as:
- Photographs of the damage to the vehicle and the surrounding area
- Witness statements
- Surveillance footage from nearby cameras
- Possible fragments of the vehicle or cargo
This data can be used by attorneys to identify the hit-and-run driver.
3. Medical attention. Seek medical attention even if injuries seem minor. Some injuries may not show up for hours or days. Medical records also document injuries, which can be used in a lawsuit.
How to Find a Hit-and-Run Driver?
Sometimes a driver can be identified by:
- Security cameras and video recorders
- DOT license plates and company logos
- Telematics or GPS tracking systems
- Witnesses or dispatch reports
Legal professionals can direct inquiries to the companies with which the vehicle is registered
Who is Liable?
If the driver was on duty, the employer may also be liable. The company bears liability if:
- Negligent hiring or inadequate training
- Failure to maintain the vehicle in a timely manner
- Causing a violation in order to meet a delivery deadline
To learn more about common carrier liability in California, read our Common Carrier Liability article.
Criminal Liability for Leaving the Scene of an Accident
If a truck driver leaves the scene of an accident, they may be charged with a crime. In California, this can result in:
- A fine of up to $10,000
- Imprisonment for up to 4 years
- Suspension of your driver’s license
For more details and information, please visit the official California Legislative Information website.
What if The At-Fault Driver is Not Identified?
If the at-fault driver is never found, the victim can expect compensation from his or her insurance policy. But only if it includes Uninsured Motorist Coverage (UMC). This type of insurance covers damages caused by uninsured drivers or drivers who have fled the scene of an accident. The attorneys at KAASS LAW can help you:
- Verify the validity of the policy
- File a claim with the insurance company
- Seek fair compensation
We also recommend you read our article California Uninsured & Underinsured Accident Claims.
What Damages can I Recover?
In a hit-and-run accident, you can seek compensation for:
- Medical expenses
- Damage to your vehicle
- Loss of income. Moral damage
- Legal fees
- Punitive damages if the perpetrator’s actions were particularly dangerous
What Additional Complications Arise When a Truck Driver Escapes?
When a commercial truck is involved, there can be additional legal and technical complications. For example, commercial truckers often work through:
- Contractors
- Subcontractors
- Temporary drivers
This makes it difficult to determine liability. However, the principle of vicarious liability allows an injured person to sue both the driver and the company. If the driver was acting within the scope of his employment. In addition, it is not uncommon for the company to try to distance itself from the incident. In such cases, attorneys will conduct legal discovery, including subpoena duces tecum, to obtain information about:
- Labor relations
- Vehicle service history
- GPS data
How Can I Avoid Being Denied Compensation?
Insurance companies often try to minimize payouts or deny claims altogether. This is especially true in cases where the at-fault party has absconded. Contact lawyers before filing a claim with the insurance company.
How Can KAASS LAW Help in Such Cases?
Our attorneys have extensive experience in cases involving this type of accident. We help clients:
- Conduct an independent investigation
- Work with law enforcement
- Identify potential defendants (including corporations)
- Work with insurance companies
- Represent the client’s interests in court
We understand how traumatic an incident like this can be, and we do everything we can to secure the maximum compensation possible.
What Do Now?
If you have been the victim of an accident in which a truck driver fled the scene, contact KAASS LAW, call 844-522-7752 for a free consultation.