What Happens When a Truck Driver Has an Accident?
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What Happens When a Truck Driver Has an Accident?
If you’re hurt in a crash with a commercial truck, the steps that follow include police reports, investigations and legal claims that may involve both the driver and the trucking company.
Key Takeaways
- After a truck crash, law enforcement will investigate the accident.
- Both the truck driver and their company of employment may face citations, license consequences and shared liability.
- Evidence from the crash can shape who is liable and what compensation you can seek.
Large commercial trucks are much heavier than cars, which means the risk of injury is very high during a collision. Whether you’re facing jackknife crashes, rollovers or other types of truck accidents, the situation can be confusing and stressful. Understanding what happens when a truck driver has an accident is the best way to regain control.
What Happens If a Truck Driver Gets In an Accident?
When a professional driver is involved in a crash, a very specific chain of events starts right away. Because the trucking company and its insurance adjusters often begin their investigation immediately, knowing what accident victims should do is the best way to stay informed and protect your interests. The following steps explain the process that typically unfolds as the driver, the police and the company respond to the scene.
The Truck Driver Is Required to Stop and Report the Crash
Commercial truck drivers are required to stop after a crash, just like any other driver. But they also have to report the collision to law enforcement right away. Truck drivers are held to stricter rules than regular drivers, so the police take these reports very seriously from the beginning.
When the driver reports the crash, the police will document everything carefully, which can be helpful for your injury claim. An official record can serve as strong evidence of what happened during the accident, helping to clarify who was at fault and supporting your case for compensation.
Police and Federal Investigators May Open an Investigation
In serious truck crashes, law enforcement often does more than a basic accident report. They may collect and review evidence such as driver logbooks, GPS information, dash cam footage and data from the truck’s electronic recorder to determine who is liable.
Federal agencies like the Federal Motor Carrier Safety Administration (FMCSA) can also assist, especially if trucking regulations might have been violated. FMCSA usually doesn’t come to the scene like local police do, but the agency reviews the crash statements and safety data and reports on any violations.
The Driver May Receive Traffic Citations or Violations
If the truck driver broke any traffic or safety rules, they might be ticketed for things like speeding, unsafe lane changes or driving too many hours without resting. When you pursue your injury claim, these tickets can be strong evidence that the driver wasn’t following the rules, making it easier to show they were responsible for the crash.
The Truck Driver Could Be Tested for Drugs or Alcohol
After many truck accidents, especially ones involving serious injuries or deaths, commercial truck drivers are required to be tested for drugs and alcohol under federal safety rules.
There are strict time limits for these tests. A breath alcohol test generally must be done no later than 8 hours after the accident, and a drug test must be done within 32 hours of the accident.
A truck driver who tests positive or refuses to take the test can have a significant impact on your injury claim. It can show the driver wasn’t fit to legally drive at the time of the crash, which will strongly support your case when you pursue compensation for your injuries.
The Driver’s CDL May Be Suspended or Revoked
If the crash involved serious negligence, a DUI or repeated safety violations, the driver’s Commercial Driver’s License (CDL) can be suspended or revoked. In Arizona, drivers can be disqualified for at least a year for a DUI, and even longer for other serious violations. Losing a CDL can stop a person from operating commercial vehicles.
The Trucking Company Gets Notified Immediately
When a trucking company is notified right away after an accident, they quickly start their own investigation and get their insurance involved. The trucking company will be looking at what happened to figure out who’s responsible. However, this can also make things tricky for you.
The trucking company is usually ready with a team of lawyers to protect their interests, and they might try to downplay their role in the accident. This could make it harder for you to prove the trucking company is fully to blame. The company’s quick action can also lead to low settlement offers, so you’ll need to make sure you're getting fair compensation by working with a truck accident attorney who isn’t afraid to fight against unfair insurance companies.
The Driver’s Past Safety Record May Be Reviewed
Investigators and lawyers will often look at the driver’s safety history, including past crashes, violations or complaints. A history of unsafe driving can show a pattern that supports your injury claim and helps prove the driver’s conduct was negligent.
The Truck Driver May Be Personally Named in a Lawsuit
In many cases, you can file a claim against both the trucking company and the driver personally. If the driver’s actions directly caused the truck accident, naming them in your lawsuit is important. By holding the driver personally accountable, you might increase your chances of getting a bigger payout, especially if the driver’s actions were negligent.
However, if the driver doesn’t have a lot of money or insurance, they might not be able to pay a big settlement, which could affect what you’re able to recover. It can also make the case more complicated and take longer to resolve.
How Can an Injury Attorney Help After a Truck Accident?
If you’ve been in a truck accident, hiring a lawyer is a smart decision to help protect your rights and ensure you get the compensation you deserve. Truck accident claims can be complicated, and having an experienced attorney on your side can make a big difference.
Here’s what a truck accident lawyer can do for you:
- Investigate the accident and gather evidence
- Deal with insurance companies to ensure they treat you fairly
- Handle all paperwork and legal filings
- Negotiate settlements on your behalf
- Represent you in court if the case goes to trial
In these types of accidents, where there are often multiple parties involved, having a lawyer helps to ensure that no important details are missed. They’ll work to protect your interests, giving you peace of mind while you focus on healing from your injuries.
Understanding Your Legal Options When You’re in a Truck Driver Accident
When a truck driver causes an accident that impacts you, you need legal help. Sargon Law Group has years of experience fighting to ensure our clients receive the full compensation they deserve. From dealing with insurance companies to gathering evidence, we’re here every step of the way. We’ll work tirelessly to hold the responsible parties accountable and uphold justice.
If you’ve been injured in a truck accident, don’t wait to contact a trusted
truck accident attorney today. Get a free consultation and take the first step toward your recovery.