People who have been hurt in accidents where a truck driver fled the scene should try to remain as calm as possible to help protect their claim. If it’s safe to do so, they should:
- Call 911 to report the accident to the police, so they can respond to the scene and start securing the collision site and investigating the accident.
- Call for emergency medical attention if heading to the hospital isn’t possible.
- Talk to anyone who witnessed the accident.
- Write down, or make a recording on your phone, information about how the crash happened, the injuries sustained,
- Obtain and photograph damage to the vehicle, and any identifying information, including the company logo or name, license plate number, truck type and color, and if possible, a description of the truck driver.
After taking these necessary steps, injured people must then discuss their case with a lawyer to initiate their claim against the liable party. There are certain things that a lawyer can do to gather additional evidence not readily available to just anyone, such as obtaining video footage of the crash from traffic cameras or surveillance systems from nearby businesses. This will be very helpful for locating the company truck driver that fled the scene.
Who Is Liable For The Truck Accident?
Depending on the specific circumstances of the truck accident, there are different parties that injured people can hold liable for the injuries and other damages they suffered in the crash. However, figuring out exactly who must face liability for the crash can be difficult because multiple parties may have caused or contributed to the accident.
Some potential defendants who can be held responsible for the truck accident include the following:
- The company truck driver
- The driver’s employer or trucking company
- The manufacturer of the truck
- The shipper
- The mechanics responsible for maintaining the truck
Injured parties usually file a claim against the truck driver’s employer, not the truck driver themselves, because the employer insures the driver. But to hold the employer liable for the trucker’s negligent actions, the drivers must have been working or on the clock during the accident and must be an employee of the company and not an independent contractor.
Common examples of when employers may be held tangentially liable for their employee’s negligence include:
- Employers who knowingly hire untrained, unqualified, and inexperienced drivers
- Employers who fail to provide sufficient supervision and driver training
- Employers who know that an employee became or was unfit for the position, whether physically or mentally, and still allowed them to work
Reach Out To A Seasoned Windsor Truck Accident Lawyer Today
Any truck accident that involves a driver who flees the accident scene automatically becomes more complex than typical truck accident cases. The Windsor truck accident lawyers of Berman & Russo can help injured people hold liable the truck driver, their employer, or other parties for their damages. To arrange a free case assessment with a Windsor truck accident lawyer, call 860-644-1548 or fill out our online form.