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.
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:
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:
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.
Sometimes a driver can be identified by:
Legal professionals can direct inquiries to the companies with which the vehicle is registered
If the driver was on duty, the employer may also be liable. The company bears liability if:
To learn more about common carrier liability in California, read our Common Carrier Liability article.
If a truck driver leaves the scene of an accident, they may be charged with a crime. In California, this can result in:
For more details and information, please visit the official California Legislative Information website.
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:
We also recommend you read our article California Uninsured & Underinsured Accident Claims.
In a hit-and-run accident, you can seek compensation for:
When a commercial truck is involved, there can be additional legal and technical complications. For example, commercial truckers often work through:
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:
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.
Our attorneys have extensive experience in cases involving this type of accident. We help clients:
We understand how traumatic an incident like this can be, and we do everything we can to secure the maximum compensation possible.
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.
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