When a commercial truck driver leaves the scene of an accident in Virginia, they are committing a serious crime that can result in significant legal penalties. For the person injured in the collision, this illegal act creates immediate uncertainty and challenges. However, even if the driver flees, there are still specific avenues available to help you pursue financial recovery for your medical bills, lost wages, and other damages.
Key Takeaways about If a Truck Driver Leaves the Scene of an Accident
- Leaving the scene of an accident that involves injury or property damage is a criminal offense for any driver in Virginia, including commercial truck drivers.
- Investigations to identify a driver who fled can involve police reports, witness statements, and footage from traffic or business surveillance cameras.
- An injured person’s own auto insurance policy, specifically the Uninsured/Underinsured Motorist (UM/UIM) coverage, may provide a source for financial recovery.
- Gathering as much information as possible after the incident, such as vehicle descriptions and witness contact details, is critical.
- A personal injury claim may still be possible against the driver and their employer if they are identified later.
The Legal Duty of Drivers After a Virginia Collision
In Virginia, every driver involved in a crash has a clear set of legal responsibilities. State law requires that they stop their vehicle as close to the scene as possible without obstructing traffic. This is not just a suggestion; it is a legal command.
Following a stop, a driver must:
- Provide their name, address, driver’s license number, and vehicle registration number to the other parties involved.
- Render reasonable assistance to anyone injured in the crash, which includes calling for medical help.
- Report the accident to the police if it results in injury, death, or apparent property damage above a certain amount.
In Virginia, failing to stop and perform these duties is classified as a “hit and run.” The severity of the charge—a misdemeanor or a felony—depends on the extent of the property damage and whether anyone was injured. A driver who flees is not just avoiding responsibility; they are breaking a serious law.
Why Would a Commercial Truck Driver Flee an Accident?
It’s difficult to comprehend why a professional driver would make the dangerous choice to leave the scene of an accident. While it is never an excuse for their illegal actions, understanding potential motivations can shed light on the situation.
A truck driver might flee for several reasons, including:
- Fear and Panic: The shock of a serious collision can cause anyone to react irrationally.
- Licensing or Logbook Issues: The driver may be operating with a suspended commercial driver’s license (CDL) or have violations in their federally mandated hours-of-service logs.
- Intoxication: The driver may be under the influence of alcohol or drugs and hopes to avoid a DUI charge.
- Company Pressure: Some drivers may fear losing their job, especially if they have a poor driving record.
- Illegal Cargo: In rare cases, the truck could be transporting illegal or undeclared goods.
Regardless of the reason, the driver’s decision to flee is a serious offense that complicates the situation for the injured person.
Steps to Take If a Truck Driver Leaves the Scene
If you were involved in a hit-and-run with a commercial truck, the experience can leave you feeling disoriented. Once you have received initial medical attention, there are productive steps you can take to help build a foundation for a potential claim. The goal is to document every detail you can remember while it is still fresh in your mind.
- Write Down Everything: Create a detailed written record of the incident. Include the time of day, the location (e.g., on I-495 near the Tysons Corner exit), the weather conditions, and a play-by-play of how the collision occurred.
- Describe the Truck and Driver: Note any details about the truck, even if they seem small. This could be the color of the cab, any logos or lettering on the trailer, a license plate number (even a partial one), or unique features like custom lights or mudflaps. If you got a glimpse of the driver, write down a description.
- Check for Witnesses: If anyone stopped to help, make sure you have their name and contact information. They may have seen something you missed. Also, think about the location—were there nearby businesses, like the stores at Tysons Galleria or along Leesburg Pike (Route 7), that might have security cameras?
Taking these steps can provide investigators with valuable leads to identify the person who fled.
How Can You Recover Compensation?
When the at-fault driver is unknown, many people worry that they have no options for financial recovery. Fortunately, that is often not the case. The primary avenue for compensation in a hit-and-run scenario is typically your own automobile insurance policy.
Specifically, your Uninsured/Underinsured Motorist (UM/UIM) coverage is designed for situations like this. UM coverage steps in to act as the at-fault driver’s insurance when they either have no insurance or, as in a hit-and-run, cannot be identified. This coverage can help pay for medical expenses, lost income, and pain and suffering, up to the limits of your policy.
If law enforcement successfully identifies and locates the truck driver, you may then be able to file a claim against their insurance policy and their employer, the trucking company. Trucking companies are responsible for the actions of their employees, and a claim could be brought against them for negligent hiring or supervision if they employed an unsafe driver.
When a Truck Driver Leaves the Scene of an Accident FAQs
Here are some answers to common questions about commercial truck hit-and-run accidents in Virginia.
A partial license plate number can be incredibly helpful. Law enforcement investigators have access to databases that can use partial plates, combined with a vehicle description and the time and location of the incident, to narrow down the possibilities and potentially identify the truck.
In Virginia, the statute of limitations for most personal injury claims is two years from the date of the injury. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit in civil court. It is important to be mindful of this deadline.
Yes, a trucking company can often be held responsible for the actions of its driver while on the job. This legal concept is known as “respondeat superior,” which means “let the master answer.” If the driver is identified, the company may be liable for the damages their employee caused.
If you know that other people saw the accident, this information can still be useful. Police may be able to canvass the area or put out a request for information, and a witness may come forward later. Any corroborating account of the event can strengthen your case.
Let Us Help You Move Forward
Being injured in an accident is a difficult and stressful experience, and it’s made even harder when the responsible driver flees the scene. You do not have to figure out the next steps by yourself. At Tysons Trial Law, PLLC, our female-led team of truck accident lawyers provides thoughtful advocacy and compassionate support to clients throughout McLean and Northern Virginia. We are ready to help you understand your options and seek the justice you deserve.
Contact us today at (703) 888-5535 or through our online form to schedule a consultation and learn how we can assist you.