TL;DR
If you’re struck by a construction truck that flees the scene, prioritize safety, call 911, and document everything you can about the vehicle and the incident. Gather witness statements, secure any video footage, and report the hit-and-run to law enforcement. Notify your insurance company promptly and consult a personal injury attorney experienced with commercial vehicle accidents. Quick, thorough action maximizes your chances of identifying the driver and securing compensation.
Key Highlights
- Move to a safe location and check for injuries.
- Call 911 immediately to report the hit-and-run.
- Record details: license plate, truck company name, color, and damage.
- Gather witness information and statements.
- Photograph the scene, debris, and property damage.
- Seek medical attention, even for minor injuries.
- File a police report and obtain a copy.
- Notify your insurance provider as soon as possible.
- Request nearby surveillance footage from businesses or traffic cameras.
- Contact a personal injury attorney for legal guidance.
Large trucks are involved in over 500,000 crashes every year in the United States, with nearly 5,000 resulting in fatalities, according to the Federal Motor Carrier Safety Administration (FMCSA). Construction vehicles, due to their size and limited maneuverability, pose unique risks, especially in urban areas where roadwork is frequent. When one of these trucks leaves the scene after causing a collision, victims face added challenges in seeking justice and compensation.
Hit-and-run incidents involving commercial trucks often require a different approach than standard vehicle accidents. State laws, like California Vehicle Code § 20001 or New York Vehicle and Traffic Law § 600, impose strict penalties for fleeing the scene, but identifying the responsible party can be difficult. Insurance claims become complex, especially when the at-fault driver is unknown or the company is uncooperative.
Knowing exactly what steps to take immediately after a construction truck hit-and-run can protect your health, preserve evidence, and strengthen your legal position. By acting decisively and documenting every aspect of the incident, you improve your chances of holding the responsible party accountable and recovering damages.
Hit and run by a construction truck? A construction truck accident attorney can help you act fast.
1. Immediate Steps for Safety and Documentation
When a construction truck hits your vehicle and flees, your first priority should be safety. Move yourself and your vehicle (if possible) to a secure area away from traffic. Check yourself and any passengers for injuries, as trauma from large vehicle impacts can be severe even if symptoms seem minor at first.
After ensuring safety:
- Call 911 without delay. Emergency services can dispatch medical help and police, and the incident will be officially recorded.
- Try to remember and write down any details about the truck:
- License plate number (even partials help)
- Company name or logo
- Truck color, model, and distinguishing features (e.g., signage, equipment)
- Direction the truck was heading
- Take photos of the scene, including:
- Vehicle damage
- Skid marks, debris, or paint transfer
- Surrounding area and traffic signs
- Look for witnesses. Ask for names, contact details, and what they saw. Their statements can be crucial for both law enforcement and insurance claims.
- If you’re able, check for nearby surveillance cameras (from businesses, intersections, or dashcams) that may have captured the incident.
Quick, thorough documentation preserves critical evidence, especially since commercial vehicles often travel through busy areas where details can easily be lost or forgotten.
2. Reporting the Incident to Law Enforcement
Reporting a hit-and-run is not just a legal requirement, it’s essential for protecting your rights. Police reports serve as official records that your insurance company and legal team will rely on.
When speaking with law enforcement:
- Provide all details collected about the truck and the incident.
- Share witness information and any video or photographic evidence.
- Request a copy of the police report or the report number for your records.
Law enforcement may launch an investigation, especially if the truck belongs to a local construction company or is registered with the Department of Transportation (DOT). In some states, failing to report a hit-and-run promptly can affect your ability to file insurance claims or pursue legal action.
If you’re in a state like Texas or Florida, where commercial vehicle accidents are common, police may have specialized units for hit-and-run investigations. The more evidence you provide, the higher the likelihood of identifying the responsible driver.
3. Preserving Evidence and Identifying the Truck
Construction trucks are usually owned or operated by companies, which can make identification easier if you capture the right details. However, time is critical, as companies may rotate vehicles or drivers.
Steps to preserve and expand your evidence:
- Keep all physical evidence, such as broken vehicle parts, paint chips, or debris from the truck.
- Note any unique features: company branding, DOT numbers, or specialized equipment.
- Contact nearby businesses or residences for security camera footage. Many urban areas have traffic cameras that may have recorded the incident.
- Check social media or community groups. Sometimes, witnesses post about accidents or share dashcam footage online.
If the truck is part of a municipal or state construction project, contact the relevant agency. Public works departments often keep records of which contractors or vehicles were present at specific sites and times.
If you locate the company responsible, document all interactions and request their insurance information. Under federal regulations, commercial carriers must maintain certain levels of liability insurance (often at least $750,000 for large trucks).
4. Medical Attention and Injury Documentation
Even if you feel fine immediately after the collision, seek a medical evaluation as soon as possible. Injuries from large vehicle impacts can be masked by adrenaline or develop hours later. Common injuries include whiplash, concussions, spinal trauma, and internal injuries.
When receiving medical care:
- Describe the incident in detail to your healthcare provider.
- Request a thorough examination and keep all medical records.
- Photograph visible injuries and document symptoms as they appear.
- Follow up with specialists if recommended by your doctor.
Medical documentation is vital for both your health and your insurance or legal claim. Insurers often dispute claims if there’s a delay in seeking treatment or if injuries aren’t well-documented.
If you miss work or require ongoing care, keep records of all related expenses, including lost wages, prescriptions, physical therapy, and transportation to appointments.
5. Insurance Claims and Uninsured Motorist Coverage
After a hit-and-run with a construction truck, notify your auto insurance provider as soon as possible. Provide all documentation, including the police report, photos, witness statements, and medical records.
Key considerations for insurance claims:
- Many policies include uninsured motorist (UM) or underinsured motorist (UIM) coverage, which can help if the at-fault party is unidentified.
- Commercial truck insurance is regulated by state and federal law. If the company is identified, your claim may be filed against their liability policy.
- Some states, like California and New York, require insurers to offer UM coverage, while others make it optional. Check your policy for details.
- Keep detailed records of all communications with your insurer, noting claim numbers and the names of adjusters.
If your insurer denies your claim or offers a low settlement, consider consulting a personal injury attorney. Insurance disputes are common in hit-and-run cases, particularly when commercial vehicles are involved.
6. Legal Options and Pursuing Compensation
Construction truck hit-and-runs often lead to complex legal situations. Commercial carriers are subject to federal rules under the FMCSA, and the legal process may involve multiple parties: the driver, the trucking company, contractors, and insurers.
Legal steps to consider:
- Consult a personal injury attorney with experience in commercial vehicle accidents and hit-and-run cases.
- Your lawyer can help identify liable parties, including the truck owner, employer, or third-party contractors.
- If the truck is identified, you may pursue claims for property damage, medical expenses, lost income, pain and suffering, and punitive damages.
- If the driver remains unidentified, your attorney can guide you through uninsured motorist claims or potential civil actions.
- In some cases, government agencies may share liability if the truck was part of a public project and safety protocols were not followed.
Court cases involving commercial trucks often hinge on evidence and compliance with regulations. For example, FMCSA requires trucking companies to maintain driver logs, maintenance records, and insurance certificates, which can be subpoenaed during litigation.
Statutes of limitation for filing claims vary by state, often two to three years for personal injury or property damage. Acting quickly ensures you don’t miss critical deadlines.
Don’t face a hit-and-run alone. Talk to a construction truck accident attorney today.
Conclusion
A hit-and-run involving a construction truck can leave victims feeling uncertain about their next steps. However, by acting quickly, prioritizing safety, gathering evidence, and involving law enforcement, you set the foundation for a successful claim. Comprehensive documentation, prompt medical attention, and early communication with insurance providers all play a vital role in protecting your rights.
When commercial vehicles are involved, the legal and insurance landscape becomes more complex. Identifying the truck, company, or driver is not always straightforward, but persistence and thoroughness can make a significant difference. Consulting a personal injury attorney ensures you have an advocate who understands the intricacies of commercial vehicle regulations, insurance policies, and litigation strategies.
Don’t let a hit-and-run derail your recovery or financial stability. Take action immediately, preserve every detail, and seek expert guidance. The sooner you begin this process, the better your chances of holding the responsible party accountable and securing the compensation you deserve. If you or a loved one has been affected by a construction truck hit-and-run, reach out to a qualified attorney today to discuss your options and protect your future. Contact us for a free consultation today to get started on your path to recovery and justice.
