How to Receive Financial Compensation After a Georgia Hit and Run Truck Accident

Key Points

• Leaving the scene of an accident is a serious crime. In Georgia it is considered hit and run and truckers may be prosecuted or owe financial compensation to motorists they injure.
• The trucking industry and truck ownership can be complicated and finding the responsible party can be challenging, but not impossible.
• Even if the truck driver or owner cannot be identified, you may be able to recover settlement compensation or a verdict using your Georgia uninsured motorist coverage.

Do We Have Numbers on Hit-and-Run Truck Accidents?

Unfortunately, there’s not a ton of data specifically on hit-and-run accidents involving trucks that’s widely available. But places like the National Highway Traffic Safety Administration (NHTSA) and the AAA Foundation for Traffic Safety do offer stats on hit-and-runs in general and truck accidents overall. It’s not exact, but it can give you a sense of how big these problems are.

Why A Truck Driver Might Flee The Scene of an Accident:

1. Licensing issues: Truck drivers are evaluated on their driving record. Some drivers are afraid that if they are charged with causing an accident, they may lose their CDL (commercial drivers license) or their job.
2. DUI Concerns: If a truck driver is under the influence, they might bolt to dodge a DUI bust and its harsh penalties, like losing their license or landing in jail.
3. Lack of License: Those driving a truck without the proper commercial driver’s license (CDL) are likely to hit the road to dodge getting caught and facing consequences.
4. Dodging Legal Problems: Truckers breaking rules like carrying too much cargo or exceeding driving hours might split to steer clear of getting in more trouble on top of the accident mess.
5. Insurance Worries: Even if it’s not their fault, a trucker might take off if they’re worried the accident will jack up their or the company’s insurance rates big time.
6. Impact Perception: Because trucks are so big, a driver might not even notice a minor bump from hitting a car, especially at slow speeds. If they don’t see any damage to their truck, they might think they didn’t hit anything and just keep on going.
7. Poor Maintenance: Mechanical problems like a flat tire or faulty brakes caused by driving on worn out equipment are a common cause of trucking accidents. Drivers who fear being found to have caused an accident due to this type of negligence may flee the scene.
8. Delivery Pressure: Truckers often have tight delivery schedules or may be rushing to get home before a weekend or holiday. A driver in a hurry may not remain to deal with the aftermath of an accident.

Hit-and-Run Highway Sideswipes? More Common Than You May Think

Big trucks are tall and bulky, which means they have large blind spots where cars and bikes can be difficult to see. That can spell disaster.

Trucks can changes lanes at a moment’s notice and clips a passenger car or motorcycle, sending it careening out of control. Sometimes the truck driver does not even know that it happened, and drives off into the distance. In some of these crashes eyewitnesses, 911 calls or dash camera recordings may be helpful to identify the truck.

lts after a crash, it’s not always because they didn’t know what happened. They might have other reasons, like being under the influence, road rage, or afraid to stop because of the consequences.

How Can Uninsured Motorist Coverage Help?

In Georgia, by default, car insurance policies include Uninsured Motorist (UM) coverage. You must sign a waiver to refuse UM coverage, and it is not advisable due to the number of uninsured drivers on the road, and the risk of being involved in a hit and run accident. UM coverage is a safety net for victims hit or wrecked by cars and trucks that are not properly insured or who flee the scene and cannot be located.

Can A Georgia Trucking Company Have Liability For a Hit and Run Accident?

Trucking companies often have GPS and dispatching data that may show where a truck was at the time of an incident. In some cases lawyers (including our Law Firm) have been successful in proving that a trucking company’s driver was involved in a hit and run by filing suit and serving supoenas or discovery requests on trucking companies to prove that their driver was at the scene of the accident. In those cases, we have been able to hold a Georgia trucking company and its driver responsible for the accident.

Are Punitive Damages Awarded in Hit and Run Cases?

The short answer is, yes they can be. In Georgia, not only is hit and run a crime, it can be classified as careless, wanton and even reckless misbehavior. In cases where clear and convincing evidence of wilful and wanton behavior is proven, a Jury is authorized to award punitive damages. Because the public policy behind hit and run in Georgia is that a driver who leaves the scene could be leaving an injured or dying person behind, this behavior is likely to qualify for a punitive damages award.

In Georgia, awards of punitive damages are limted to $250,000 except in cases of drunk driving or intentional behavior.

In a hit and run truck accident, how can one expect the insurance company to defend the trucking entity?

In a hit-and-run case involving a truck, either the insurance company representing the driver or the trucking company will defend the case, assuming that the truck driver and company are identified. In cases where the driver and truck are never identified, suit is filed against “John Doe,” and served on the victim’s uninsured motorist carrier, who should defend the case.

Some of the defenses that you may expec to see may be to deny any responsibility. Insurance company lawyers may argue that their client—the trucking company—had nothing to do with the crash and attempt to blame another driver or even the victim. Insurers may also question the credibility of the victim, argue contributory negligence, or argue that the accident is not covered by the trucking company’s policy.

The good news is that in spite of these defenses, insurance companies may still be obligated to pay if you can prove their insured was, in fact, the hit and run driver.

What Evidence Can be Used to Prove a Hit and Run Semi Truck Accident?

A hit-and-run against a semi-truck driver and his or her trucking company can sometime be proven using eyewitness testimony, dash camera recordings, traffic cameras, 911 calls and GPS data, among other things. While these cases can be difficult they are not impossible to win. Prompt and diligent investigation can lead to a successful outcome.