What Happens When a Truck Driver Has an Accident?

No one wants (or expects) to have an accident when they head out on the road. Yet, every day, bumpers are bumped, cars crash, and truck drivers have accidents. According to an Esurance report, ​​77% of drivers have been in at least one accident in their lifetime. And given the data, there’s a 1 in 366 chance that this will occur for every 1,000 miles driven.¹

Because accidents are so commonplace, the legal system has developed a proper protocol that motorists are expected to follow after the fact. The exact procedure will depend on whether the vehicle was privately owned or used for commercial purposes. For instance, the process for commercial truck accidents differs greatly from regular car accidents.

So, what happens if a truck driver gets in an accident?

What to Do If You Get in a Trucking Accident

A truck accident can occur for a variety of reasons. Whether it’s a head-on collision, a rear-end, or a cargo spill—any type of accident can create a complex and stressful situation for everyone involved.

Naturally, what this follow-up process will look like depends on various factors, such as:

• Who was at fault
• Whether multiple parties were involved
• If bodily injury or property damage occurred
• If the accident ended with a fatality 

Regardless, truck drivers must know and follow the proper protocols to protect themselves and ensure a smooth legal process.

For the sake of example, let’s say that you were driving a commercial semi-truck and ran into another vehicle.

What then? Now you may be contemplating what to do after a truck accident.

What Happens When a Truck Driver Has an Accident?

No one wants (or expects) to have an accident when they head out on the road. Yet, every day, bumpers are bumped, cars crash, and truck drivers have accidents. According to an Esurance report, ​​77% of drivers have been in at least one accident in their lifetime. And given the data, there’s a 1 in 366 chance that this will occur for every 1,000 miles driven.¹

Because accidents are so commonplace, the legal system has developed a proper protocol that motorists are expected to follow after the fact. The exact procedure will depend on whether the vehicle was privately owned or used for commercial purposes. For instance, the process for commercial truck accidents differs greatly from regular car accidents.

So, what happens if a truck driver gets in an accident?

What to Do If You Get in a Trucking Accident

A truck accident can occur for a variety of reasons. Whether it’s a head-on collision, a rear-end, or a cargo spill—any type of accident can create a complex and stressful situation for everyone involved.

Naturally, what this follow-up process will look like depends on various factors, such as:

• Who was at fault
• Whether multiple parties were involved
• If bodily injury or property damage occurred
• If the accident ended with a fatality

Regardless, truck drivers must know and follow the proper protocols to protect themselves and ensure a smooth legal process.

For the sake of example, let’s say that you were driving a commercial semi-truck and ran into another vehicle.

What then? Now you may be contemplating what to do after a truck accident.

#1 Stay At the Scene

In the immediate aftermath of the incident, a truck driver should always stay at the accident scene to assist the other party (if necessary) and exchange contact and insurance information with other drivers or pedestrians. 

Contact your trucking company and alert them of the issue as soon as possible. This will enable them to notify the insurance carrier and (if necessary) send a representative to the accident scene to perform an initial investigation. 

#2 Report the Accident to DOT

The US Department of Transportation (DOT) requires all trucking companies to maintain documentation for recordable accidents covering at least the past three years. These form a historical record that the DOT can use to keep companies accountable and ensure road safety.

As such, a truck driver must report a serious traffic accident to the DOT within 24 hours of the incident. To be deemed serious it must satisfy at least one of the following criteria:²

• Property damage to one or more vehicles that is serious enough to require a tow truck to take the vehicle(s) away.
• Truck accident injuries that require medical attention immediately after leaving the scene of the crash.
• Fatal truck accidents that cause one or more deaths.

This report should at least contain the following information:

• Date of the crash
• Location of the crash
• Driver’s name and license number
• Number of injuries or fatalities
• Whether hazardous material (other than fuel) was released

#3 Perform an Internal Investigation

The trucking company is responsible for conducting its own investigation. This may involve interviewing the driver, inspecting the commercial vehicle and the scene, and gathering relevant evidence.

The Federal Motor Carrier Safety Administration (FMCSA) could also conduct its own investigation to see if federal regulations were violated and whether those contributed to the crash. Drivers are protected by federal commercial motor safety regulations, so if hours of service (HOS), commercial vehicle maintenance, and other safety practices weren’t followed, the trucking company could hold truck accident liability and not the driver.

Should the car accident result in a personal injury or fatality, the truck driver is expected to submit to a drug and alcohol test. And, depending on the state, truck drivers may be required to pass a lower BAC threshold. For instance, in California, a driver must be at or below .04 BAC.³

#4 Hire a Lawyer

After a truck driver gets into an accident, one of your first acts should be to hire an experienced truck accident lawyer.

Even if you don’t know whether you or the other party is at fault, knowing the average settlement for a truck accident and hiring a legal expert to help are just a couple of smart ways to protect yourself, especially since truck accidents have distinct legal considerations.

But what if your firm already has legal counsel?

There’s no doubt that they’ll fight for the trucking company, but they may not have your back. You need someone who is fighting solely on your behalf and advocating for your best interests.

Your personal legal team can help you prepare for a legal suit, investigate the incident, gather evidence, and manage the legal process. And, should the case go to trial, they’ll provide invaluable support, helping to usher the matter to a speedy and satisfactory conclusion.

Legal Support for Truck Drivers  

If you operate a commercial semi-truck and wind up in an accident, don’t panic. Stay at the scene, report the incident to your company and DOT, and of course, hire truck accident lawyers. Taking these steps will ensure that you legally comply with federal and state laws.

If you need legal counsel—and a whole lot more—head over to Mighty's Truck Accident Attorney Directory to find a trusted attorney in your area today.

Sources

1. News 9. What Are Your Chances Of Getting Into A Car Accident? https://www.news9.com/story/5e6fca6cf86011d4820c3f2d/what-are-your-chances-of-getting-into-a-car-accident
2. FMCSA. 4.4.2 Accident Recordkeeping. https://csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=21&sec=62&sub=127
3. ‍CA DMV. Truck Drivers. https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/truck-drivers/