Working as a truck driver is an important yet dangerous job. Even with the most experienced and careful drivers, accidents can happen. So, it is important to know what happens when a truck driver has an accident on he road. In this article, we will outline the key steps for what happens when a truck driver has an accident so you can take appropriate action in those situations.
What Happens When a Truck Driver Has an Accident
When a truck driver has an accident, it can be a very complicated situation. The answer to the question of who is responsible for the accident will depend on many factors, including where the accident occurred and who was at fault. Generally speaking, liability for a truck driver’s actions will fall on both the driver and the trucking company that employed them.
Liability in Trucking Accidents
Typically, if a trucking company fails to train or supervise its drivers properly, it may be held liable for any damages that are caused by the driver’s negligence. Additionally, if an employer provides inadequate equipment or fails to maintain their fleet properly, they may also face liability for a driver’s actions. On the other hand, if the truck driver was at fault for an accident due to reckless behavior or other violations of state and federal regulations, they may be solely liable for any resulting damages.
What Are a Company Driver’s Responsibilities
A company driver has several responsibilities when they are involved in an accident. First and foremost, they should use their best judgment and take appropriate actions to ensure the safety of other drivers, pedestrians, and property.
Following the accident, the truck driver must immediately report the incident to their employer. They should provide a detailed account of what happened and submit any evidence, such as photos or medical reports, to their employer for review.
Trucking Companies Accident Policies
Additionally, company drivers need to be aware of their company’s policies regarding accidents. Drivers should comply with any rules set out by their employer, including guidelines on reporting an accident and filing an insurance claim. Additionally, they should understand any time limits or restrictions associated with filing a claim.
How Many Accidents Can a CDL Driver Have
Federal regulations dictate that CDL drivers are not allowed to have more than one serious moving violation within three years or more than two in any given year. For example, if a CDL driver is involved in an accident and gets a citation, they could be suspended or even lose their license if they receive another citation within the following three years. However, the severity of the violations will be taken into consideration when determining penalties.
Traffic Violations Records
Additionally, trucking companies must maintain records of traffic violations by their drivers for at least three years. This data must include information about convictions or even dismissals or acquittals due to a lack of evidence. Employers will use this information to determine if a driver is suitable for commercial purposes and can help assess liability should an accident occur.
If a CDL driver is deemed to have excessively violated federal regulations, they could have their license revoked indefinitely. As such, truck drivers need to exercise caution on the roads and obey all traffic laws to avoid serious long-term consequences.
What Kind of Truck Insurance Is Available for Company Drivers
When a truck driver has an accident, the driver’s employer can be liable for damages. To ensure they are protected from such unforeseen scenarios, many trucking companies carry some form of insurance to cover the cost of repairs and any legal proceedings.
The most common types of insurance for company drivers include:
Liability Insurance
This covers the cost of any property damage and/or bodily harm arising from an accident involving a company truck.
Cargo Insurance
This covers the cost of lost or damaged cargo when driven by an employee.
Non-Trucking Liability Insurance
This type of insurance covers drivers who are driving a company truck but not on an assigned delivery trip. For example, if a driver is using their company vehicle for personal use on their day off.
Physical Damage Insurance
This type of insurance covers repair expenses resulting from vehicular damage due to weather, accidents, and other related causes.
Uninsured Motorist Coverage (UM)
\This protects the insured party in case they are involved in an accident with a motorist who does not have valid insurance coverage or sufficient limits to cover all costs associated with the accident.
What Liability Do They Have After a Truck Driver Has an Accident
If a truck driver is involved in an accident, they may be held liable for damages other parties suffer. This could mean facing monetary damages or even criminal charges, depending on the circumstances.
Sometimes, the trucking company may be held responsible or liable for any damages resulting from an accident. This is because employers are expected to exercise a certain level of care when hiring and training employees. If it’s found that they did not exercise adequate levels of care in this area, then the company may be held liable for any damages resulting from employee negligence.
Negligent Truck Driving
The truck driver can also be held responsible for their actions if it is determined that they were negligent in some way. This could mean anything from failing to practice proper safety procedures on the road to driving while under the influence of alcohol or drugs. In such cases, the truck driver may face civil and/or criminal liability because of their actions.
Finally, when an accident involves multiple parties and more than one person is found to be at fault, each party can be assigned partial liability for any resulting damages through the legal process known as comparative negligence. This ensures that no one party bears full responsibility for an accident that had many contributing factors.
What Happens if a Truck Driver Gets in an Accident
Depending on the severity of the crash, the truck driver who has an accident may be required to fill out paperwork for legal purposes. The following steps will typically take place:
Documentation
The truck driver must document the incident and provide this information to their employer and the police. This usually includes a detailed report of what happened, including any witnesses, if available.
Investigation
Depending on how severe or costly the incident is, it may be necessary for an independent investigation to take place to determine fault and potential liability.
Resolving Liability
After the investigation is complete, liability may need to be determined to assign responsibility for any damages or injuries.
Claims Adjustment
If necessary, an insurance company will typically assign an adjuster who will work with all parties involved to reach a settlement agreement.
The procedures needed to handle when a truck driver has an accident can be intricate and time-consuming, but they are crucial to correctly resolving any liability issues. When dealing with a truck accident, it is also important to keep in mind that, depending on the severity of the accident, criminal charges may potentially be brought against one or both participants.
Accident Procedures for Truck Drivers
Contact Your Insurance Company
- The first order of business is to contact your insurance company and report the accident as soon as possible. You’ll need to provide the insurer with all the details of the incident, including information about any vehicles involved, injuries that were sustained, and other pertinent facts.
Contact Your Employer
- Truck drivers should always notify their employers immediately after an accident occurs. This is important for several reasons. Your employer can provide you with more detailed instructions on how to proceed with filing any reports that may be necessary and provide legal advice in certain circumstances. They may also advise you on whether you should seek medical treatment for injury or trauma related to the accident.
Take Pictures
- Taking pictures of the scene of the accident can help to serve as documentation and provide evidence if needed for a future legal case or insurance claim dispute.
What Happens to Truck Driver After Accident
In conclusion, the responsibility for damages, medical bills, and other costs resulting from a truck accident can be complex and involve multiple parties, including the truck driver who has an accident, the truck owner, and their respective insurance companies. Whether it’s the driver, the owner, or the insurance company, anyone found to be at fault may be financially responsible for paying for any resulting losses. It’s important for all involved to explore their legal options and take the necessary steps to protect themselves and their assets.
