What Happens to a Truck Driver After an Accident?

Truck accidents can have devastating consequences for accident victims and the truck drivers involved. The aftermath of an accident can lead to a number of legal, professional, and personal issues that can affect a truck driver in many areas of their business and life.

Immediate Aftermath of a Truck Accident

After an accident, truck drivers are usually subject to mandatory alcohol and drug testing, especially if the accident results in death, injury, or serious property damage. These tests monitor compliance with safety regulations and determine the driver’s condition during the accident. 

Investigating the causes of an accident is a significant part of law enforcement agencies’ work to properly investigate an accident. This typically involves questioning the drivers and reviewing each driver’s logbooks, vehicle maintenance records, and electronic control modules to determine whether they complied with state and federal regulations.

If the truck driver was not at fault, they may need to work with Chicago truck accident lawyers to defend their rights and seek compensation for damages or injuries.

Legal and Financial Repercussions

If the truck driver is found guilty, they could face legal consequences ranging from traffic fines to criminal charges, depending on the severity of the accident. Drivers can be held financially liable for damages, especially if their negligence is proven. Although insurance companies may pay some costs, drivers may still be liable for costs exceeding policy limits.

Civil Lawsuits and Settlements

Victims of accidents usually file lawsuits to recover medical expenses, lost income, and non-pecuniary damage. The value of each claim may vary depending on the specific case.

Over the years, the average settlement for commercial vehicle accident stood at more than $73,109. Notably, this is an average figure, and the award given to specific cases might differ significantly, either greater or lesser.

The main factors that impact the amount of compensation are the following:

• Severity of injuries. The more serious the injuries, the more compensation the injured party can expect. For example, injuries requiring prolonged hospitalization, rehabilitation, or permanent disability usually entitle the injured party to more compensation.
• Liability and fault. Determining fault and liability is also important because it determines the amount of compensation by establishing who is at fault and to what extent. In the case of joint and several liability, the amount of compensation may vary depending on the share of fault attributable to the victim.
• Insurance coverage. The terms and conditions stipulated in the insurance policies taken out by both sides significantly impact the financial aspect of compensation. Limitations on the level of insurance, as well as specific characteristics of the policy coverage, may impose a maximum limit on the possible payments.

Employment Consequences

Employers can suspend or fire truck drivers, particularly if company policy breaches or safety rule breaches are apparent. For example, a truck driver who was involved in a fatal crash had his license suspension overturned by the Melbourne Magistrates’ Court, allowing them to drive despite past offenses.

Preventative Measures and Support

To minimize risks, truck drivers must adhere to safety protocols rigorously, maintain accurate logs, and get regular vehicle inspections. If an accident does occur, seeking the advice of an attorney will navigate one through the labyrinth of liability and compensation. Working with experienced attorneys, like those at Kermani LLP, can be a godsend during the legal process.

Truck crashes have severe consequences for truck drivers, including legal, economic, and professional consequences. Awareness of these probable consequences and proactive adherence to safety precautions allow truck drivers to weather the storm and maintain their professional standing.