What Happens If a Truck Driver Leaves the Scene of an Accident?
Request Free ConsultationMore than 5,000 people die each year in large truck crashes across the U.S., and countless more suffer life-altering injuries. In some of the most tragic cases, the truck driver doesn’t stay behind to take responsibility. A truck driver hit and run is a criminal act that deepens the trauma of the crash, delays emergency help, and complicates everything that follows. Victims are left with medical bills, missing income, and unanswered questions while the driver who caused it disappears.
The vast majority of commercial truck drivers who cause accidents stop and remain at the crash scene, yet occasionally, some truckers flee accident scenes—out of fear, lack of training, or pressure from employers. If you’re dealing with the consequences of a hit and run involving a commercial vehicle, a trusted truck accident lawyer can investigate what happened and fight for your recovery.
Key Takeaways About Commercial Truck Accident Hit and Run Cases
- Fleeing the scene of a truck crash is a felony in most cases and can lead to license suspension, fines, or prison.
- Victims may still be able to pursue financial compensation even if the truck driver is never found.
- Investigations often rely on traffic cameras, GPS logs, and business surveillance to track down the fleeing truck.
- Commercial drivers are held to stricter driving safety standards and face severe consequences for leaving the scene.
- A truck accident lawyer can identify all liable parties and help build a case for damages even when the driver disappears from the crash scene.
Why a Hit and Run Is Especially Serious When a Truck Is Involved
When the driver of a passenger car flees an accident, it’s dangerous. When a commercial truck driver does the same, the stakes are even higher. Tractor-trailers and other large commercial trucks weigh 20 to 30 times more than a standard car and are governed by federal safety regulations.
Truck drivers are professionally licensed, and they’re expected to be trained to operate massive vehicles safely. That includes following strict federal regulations and responding appropriately in emergencies, including after a crash. Leaving a crash scene is a reckless violation of that trust and duty.
The Federal Motor Carrier Safety Administration (FMCSA) requires commercial truck drivers to stop after a collision, render aid if necessary, and notify law enforcement. In Colorado and most other states, this obligation is backed by serious legal consequences.
Under Colorado Revised Statutes §42-4-1601, leaving the scene of an accident involving injury or death is a felony. For commercial drivers, it can also result in immediate Commercial Driver’s License (CDL) disqualification even before a court conviction. That means losing not just driving privileges, but a career.
The Legal Penalties for Truck Drivers Who Flee Accident Scenes
Every driver has a duty to stop after a crash, but commercial drivers are held to even higher standards. Their decision to flee carries consequences that affect not only the victims but also their own legal standing and livelihood.
Here are some of the most serious penalties a truck driver might face after a hit-and-run:
- Felony criminal charges if the crash caused injury or death
- Loss of CDL privileges under FMCSA regulations
- Substantial fines and court costs
- Incarceration, depending on the severity of harm
- Civil lawsuits filed by injured victims or families
- Blacklisting from the industry, making future employment difficult
These consequences can follow even if the driver is caught weeks or months later. Law enforcement agencies take hit-and-run incidents seriously, especially when they involve large commercial vehicles.
Tracking Down Hit-and-Run Truck Drivers
When a truck driver leaves the scene, it might feel like your chances of accountability are gone. But in reality, there are multiple ways law enforcement and attorneys can identify the vehicle and driver. The size of a truck makes it hard to hide, and its movements are often digitally tracked.
Investigators typically look at:
- Highway and intersection cameras, especially in metro areas like Denver
- Business surveillance footage near major routes such as I-25 or I-70
- Eyewitness accounts, especially those from other drivers with dashcams
- Vehicle damage, which may match the impact pattern left on your car
- Truck GPS logs, accessible if a trucking company is identified
- Department of Transportation (DOT) markings that may have been partially noted
Even if only a few digits of the license plate or a partial company name were seen, that might be enough. In some Colorado cases involving large trucks, diligent investigation has led to arrests even after the driver initially fled the scene.
What If the Driver Is Never Found? Your Legal Options
It’s a devastating thought—being left with injuries, property damage, and trauma while the person responsible disappears. But even if the driver is never identified, you still have potential paths to recovery.
If the driver cannot be located, you may be able to pursue compensation through:
- Uninsured/Underinsured Motorist (UM/UIM) coverage under your own policy
- Medical Payments (MedPay) coverage in Colorado, which can help with treatment costs
- Collision insurance for property damage
- State victim compensation programs (available in rare cases involving criminal acts)
Colorado law allows accident victims to file UM/UIM claims when the at-fault driver is unknown or underinsured. However, these claims often require legal guidance, as you’re making a claim against your own insurer, and insurance companies don’t always act in your best interest.
Are Trucking Companies Liable for Their Hit-and-Run Drivers?
It may seem like the only person at fault is the driver who fled. But that’s not always true. In some cases, the trucking company may still bear legal responsibility, especially if it contributed to the crash.
Here’s when a trucking company might share liability:
- Negligent hiring (for instance, the driver had a history of unsafe driving or didn’t hold a CDL)
- Inadequate training or failure to provide safety instruction
- Pressure to meet unsafe delivery deadlines, encouraging rushed driving
- Poor truck maintenance, contributing to a crash or inability to stop
- Failure to supervise or discipline drivers with past infractions
In Colorado and nationwide, trucking companies are required to follow strict safety protocols. If they violated those standards or failed to prevent dangerous behavior, they can be held accountable, even if their driver vanished after the crash.
Leaving the Scene: Colorado’s Penalties for Truck Driver Hit and Runs
Colorado law doesn’t distinguish between hit-and-run drivers based on vehicle type when it comes to basic duties. But for truck drivers, the consequences stack higher due to their licensing and commercial responsibilities.
Colorado law requires any driver to remain at the scene, provide information, and render aid if anyone was injured or killed. Failing to do so after a crash causing injury is considered a Class 1 misdemeanor at minimum and can become a Class 4 felony if serious bodily injury or death occurs.
For truck drivers, this is more than a criminal charge. It becomes a CDL violation that could trigger a one-year disqualification for a first offense, or a lifetime ban for repeat violations.
These penalties apply regardless of whether the trucker was on a Colorado state highway or an interstate freight route. Because Colorado is an at-fault insurance state, liability and fault also play a key role in civil claims for financial recovery.
The Personal Toll of a Semi Truck Hit and Run
Being hit by a semi-truck is traumatizing. When the driver takes off without stopping, it adds another layer of emotional damage.
Many people report lingering anxiety, sleep problems, and fear of driving again. Children who are involved in these crashes or witness them may need counseling. Victims may also experience a sense of injustice that no punishment or settlement can fix, especially if the driver is never found.
In some cases, survivors of hit-and-run crashes develop post-traumatic stress disorder (PTSD), which can affect their ability to work, socialize, or return to normal life. These emotional injuries matter just as much as physical ones and should be thoroughly documented in any legal claim.
Healing from these events takes time and support. Legal action can’t undo the harm, but it can help you regain a sense of control and provide resources for recovery.
What If the Police Don’t Prioritize Your Case?
While most law enforcement agencies take hit-and-run crashes seriously, not every case receives the same level of attention. If there were no witnesses, surveillance footage, or immediate leads, a case can go cold quickly.
In these situations, private investigation can be pivotal. A skilled truck accident lawyer can coordinate with experts to uncover leads the police may have missed.
In complex cases, legal teams may:
- Hire former law enforcement investigators
- Submit preservation requests to local businesses for video footage
- Obtain black box or telematics data from suspected trucks
- Subpoena trucking company logs or dispatch records
- Interview potential witnesses who were missed in the initial report
Even if official law enforcement investigations stall, a civil case can move forward independently. The burden of proof in a civil case is lower than in a criminal one, giving victims additional paths to justice.
How Insurance Factors Into Hit-and-Run Truck Crashes
Insurance plays a huge role after a truck hit-and-run, but getting benefits isn’t always simple. Depending on the circumstances, several types of coverage may come into play.
Three common insurance coverages are involved:
- Commercial liability insurance (if the driver is found and tied to a company)
- Uninsured motorist coverage (if the driver is never identified)
- MedPay or personal injury protection (for immediate medical costs)
Trucking companies must carry higher policy limits, but they rarely admit fault without a legal battle. On the other hand, filing a claim with your own insurer may require jumping through procedural hoops, especially when pursuing uninsured motorist benefits.
Insurers often demand proof of impact, timing, injury severity, and documented attempts to locate the driver. A lawyer can handle these communications and protect you from tactics that might delay or deny your claim.
FAQs About Truck Driver Hit and Run Lawsuits
How long do I have to file a claim in Colorado?
Colorado’s statute of limitations gives you three years to file a claim for injuries involving motor vehicle accidents, including truck crashes and hit-and-runs. If your case involves wrongful death, the limit is two years. It’s best to speak with an attorney long before these deadlines to preserve evidence and strengthen your case.
What if I’m partially at fault for the crash?
Colorado follows a modified comparative fault rule. If you’re less than 50% responsible, you can still pursue compensation. However, your damages may be reduced based on your percentage of fault. In hit-and-run cases, assigning blame can be difficult, which makes early legal representation even more important.
Can I file a claim if the driver was never identified?
Yes. If the driver can’t be found, you may still have a case through your uninsured motorist (UM) policy. You’ll need to show evidence that a collision occurred and that the other vehicle fled before you could obtain identifying details.
How much does a truck accident lawyer cost?
Most truck accident attorneys, including those handling hit-and-runs, work on a contingency fee basis. This means you don’t pay anything up front. The firm only gets paid if it helps you recover money through a settlement or verdict.
Is leaving the scene of an accident always a felony?
Not always. The criminal charge depends on whether anyone was hurt and the state’s classification of the offense. In Colorado, leaving the scene becomes a felony if someone suffered serious bodily injury or death. For minor crashes, it may still be a misdemeanor, but it’s a serious one, especially for commercial drivers.
Don’t Let a Hit and Run Define Your Recovery — Take Action Now
A commercial truck hit-and-run crash is a deeply personal injury, a serious crime, and a legal nightmare rolled into one. You’re left without answers, forced to deal with medical appointments, repairs, and untrustworthy insurers while someone avoids accountability. These aren’t problems you should solve alone.
If you or someone close to you is reeling from this type of crash, it’s time to contact a law firm that has the experience, resources, and compassion to take over the fight. Fuicelli & Lee represents victims of serious truck accidents in Denver and across Colorado, including cases where the driver fled the scene. Our team is known for meticulous case preparation, strategic advocacy, and a full-throttle pursuit of justice.
Call (303) 444-4444 or fill out our contact form today. Consultations are free, confidential, and available 24/7.