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Truck drivers spend many hours on America’s roads every week. Some drivers are on the road so much that they are at a higher risk of rear-end truck accidents. These accidents endanger smaller vehicles because the impact and weight of the truck can destroy a regular car, truck, or SUV.
Learn more about rear-end truck accidents, then speak to a truck accident attorney in your area to find your legal options.
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Truck Accident Statistics
Rear-end crashes constitute about 20 percent of large commercial truck accidents. This means that one out of five big rig crashes involve a truck hitting the back of another vehicle.
Also, about 80 percent of all rear-end crashes happen when the vehicle in front is stopped. Thus, most rear-end accidents are avoidable and are usually the rear driver’s fault. Truck drivers carry commercial driver’s licenses and should never be in a situation where they endanger others in a rear-end crash.
Why Do Rear-End Truck Crashes Happen?
Truck drivers must always pay close attention and maintain a safe distance from other vehicles. After all, an 80,000-pound truck slamming into a smaller vehicle can obliterate it and kill the occupants. However, truck drivers sometimes fail to maintain a safe distance in rear-end crashes for the following reasons:
Speeding And Reckless Driving
Truckers are often in a rush to get to their destinations. Drivers must only drive as fast as traffic allows and obey speed limits. However, slowing down takes much longer in a huge truck, and speeding can lead to major rear-end accidents.
Also, truck drivers may tailgate, which is incredibly dangerous with a huge rig. Truckers should always maintain a safe distance from vehicles ahead, and a deadly rear-end crash can result if they tailgate.
Driver Fatigue
Truck drivers must follow hours-of-service rules that limit the number of hours they can drive consecutively and per week. However, drivers sometimes break the rules and drive far too long. If they fall asleep when driving, they can cause a multi-vehicle rear-end crash.
A truck crash caused by driver fatigue has evidence that a skilled truck accident attorney will notice. For example, a driver who fell asleep in a rear-end crash may not engage the brakes for several seconds after impact. The truck’s data recorder and the lack of tire marks on the pavement will show this.
Distracted Driving
If the truck driver’s eyes and mind are on something other than driving, rear-end crashes are more likely. Common trucker distractions include the GPS, cell phone, eating and drinking, and daydreaming.
Malfunctioning Truck Parts
Trucks are complex machines and require regular maintenance to stay fit for the road. However, truckers and their employers may not maintain the vehicle, and this failure can cause accidents. Common failure points on big rigs include the brakes and tires.
Drunk Or Drugged Driving
Truckers spend long hours on the road and may rely on drugs or alcohol to keep going. A truck accident attorney will check the driver’s urine or blood screenings after the accident to determine if alcohol impaired them.
Bad Weather
Truckers may not properly slow down for bad weather, such as rain, snow, or fog. This failure can cause a large rear-end crash that hurts many motorists. Your truck accident attorney will work with the police and others to learn if driving poorly in bad weather caused the crash.
How A Truck Accident Attorney Proves Liability
Receiving compensation in a rear-end truck accident lawsuit requires proving negligence.
To claim compensation in a truck accident claim, your truck accident lawyer will need strong evidence to show:
- The truck driver owed you a duty of care: Truckers have a commercial driver’s license and are held to a higher driving standard than others. Truckers should drive safely, obey traffic laws, and not endanger other motorists.
- The driver violated the duty of care: Suppose a truck driver fell asleep on the highway and rear-ended your car at 30 MPH.
- The breach of duty of care led to your injuries: You have broken bones in your feet and arms from the crash.
- You have damages from the truck accident, such as $150,000 in medical bills and lost earnings.
A truck accident attorney has extensive skill and experience building truck accident claims and proving negligence.
Some of the evidence that your attorney may use to prove negligence in a rear-end accident is:
- Police report: The police will come to the truck crash scene and will write a police report. If the truck driver committed any traffic violations, they may issue citations. It can be helpful in a civil lawsuit.
- Driver statements: Each driver in the accident has their own motivations, but their statements can be an important element in the investigation. If several drivers offer the same story, such as the truck driver fell asleep and caused the accident, this can help your case.
- Eyewitness statements: Testimony from uninvolved parties can be critical information in a rear-end truck accident claim. Try to obtain the contact information of any witnesses of the accident.
- Videos and photos: This information from the accident scene can provide vital information regarding the fault. Your attorney will look for any available surveillance or dashcam footage.
- Medical information: Your medical information will show the severity of your injuries and may suggest how they occurred. Some injuries, such as whiplash, often occur in rear-end accidents.
Why Are Rear-End Truck Accidents More Complicated?
Truck crash victims often find that obtaining compensation after a rear-end truck crash is more difficult than conventional car accidents. Some factors that make truck crash claims more complex than car accident cases are:
Truck Crashes Involve More Evidence
Determining how a rear-end truck crash happened requires carefully analyzing documents and crash evidence, including trucking company records, black box data logs, truck driver logs, video and photo evidence, cell phone records, maintenance records, and accident reconstruction information.
Truck Crashes Can Hurt Many People
Resolving a truck crash claim can take much longer when the accident involves many people. A rear-end truck accident could cause several vehicles to rear-end each other and injure many people. The trucking company will have several claims to handle at once, and obtaining compensation can be more difficult.
Truck Crashes Can Have Many Liable Parties
The driver can partially cause a rear-end truck crash. However, other people and entities can also be blamed. Some may include the employer, the company that maintained the truck, the cargo loading company, the tire manufacturer, and others. Obtaining compensation from several defendants is often difficult and time-consuming.
Truck Insurance Companies Have Complex Structures
Some trucking firms use many corporate affiliates or complex insurance policies. This can make it hard to identify the correct party to hold accountable for the accident. Your case can fall apart if the wrong corporate entity is sued in a truck accident lawsuit.
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Do I Need A Truck Accident Attorney?
Yes, it’s best to hire a truck accident lawyer right away when a truck rear-ends you. An attorney can help with a minor rear-end accident claim and get more money for your losses. The truck accident attorney will ensure that your rights are safeguarded and that you are treated fairly by insurance companies.
In a truck accident claim, your attorney can maximize compensation for the following, as they apply to your case, by negotiating a fair settlement with the insurance company:
Medical Bills
Truck accidents often cause severe injuries, including broken bones, burns, head injuries, spinal cord damage, internal injuries, and death. You should receive compensation for all of your current and future medical bills.
A complicating factor in many rear-end truck crash claims is the severity of injuries. You may require months or years of medical care, including rehabilitation.
You need ample compensation for future medical bills. Your personal injury attorney will work tirelessly with your medical team to understand your future medical needs and prognosis.
Lost Earnings
A serious truck accident injury can leave you unable to work for weeks, months, or even permanently. You should receive compensation for your lost work time. A long-term or permanent injury should be compensated for with lost earning capacity compensation.
A truck accident lawyer will retain economists and experts to estimate your lost future income. This calculation will be based on the estimated number of years lost and your past earnings and salary information.
Pain And Suffering
A severe truck crash injury usually causes tremendous pain and suffering. This type of loss is harder to estimate than medical bills or lost earnings. A truck crash lawyer will speak to your doctors to document your injuries and the pain and suffering you endure.
Reduced Quality Of Life
Your life quality can be less than before the injury. For example, a spinal cord injury will prevent you from working, engaging in hobbies, having intimate relationships, and more. You should recover fair compensation for a lower quality of life after the accident.
A truck accident attorney will carefully estimate your full damages and negotiate a settlement with the insurance company that fairly pays for your losses. If the insurance company refuses a fair settlement, your attorney will file a lawsuit and sue the truck company in court.
The truck accident attorney will make the most persuasive argument to the jury for the most compensation for your injuries and other losses.
Other Important Roles of a Truck Accident Attorney
You may wonder what your attorney’s services will cost. Many truck crash victims are sure that they cannot afford a lawyer after such a serious accident. However, this is never a concern when hiring a personal injury attorney. These attorneys work on a contingency basis. This means you only pay them if you receive compensation in a settlement or jury award.
Your truck accident attorney’s fee will be a percentage of the funds you get from the liable party. So, there is no need to worry about being able to pay legal fees. The more money you get in a settlement, the more the personal injury attorney receives. So your attorney will fight hard for the most compensation.
Additional benefits that hiring a truck accident attorney offers you are:
- Negotiating with the truck company for fair compensation for your losses.
- Collecting important accident evidence, including photos, videos, witness statements, documentation of your injuries, and police reports to prove liability.
- Using expert testimony to show that the driver or trucking company was at fault.
Trucking insurance companies want to settle these serious accident claims as soon as possible. They aim to close your case quickly for the least money and eliminate the chances of a large payout.
But you may not know the severity of your injuries for months after the accident. Some accident symptoms can take at least a few days or weeks to appear. However, you cannot get more money once you sign the settlement agreement.
Insurance companies employ excellent attorneys to reduce what the insurance company pays you. Negotiating with the insurance adjusters after a truck accident is always a mistake without a skilled truck accident attorney in your corner. Your attorney only represents your interests and ensures that you are treated and compensated fairly.
How Long Do I Have To File A Rear-End Truck Crash Claim?
Every state has a statute of limitations for filing a personal injury claim. In many states, you have only two years from the accident date to file a claim or lawsuit. Ensure you promptly retain a truck accident attorney so there is enough time to hold the liable party accountable.
Contact A Truck Accident Attorney Today
You suffered an injury recently in a truck crash but don’t know your legal and financial options. After getting medical care, your next step should be to hire a truck accident attorney to represent you. Your truck accident lawyer will hold the driver or trucking company responsible for your injuries. Contact a truck accident attorney in your area today.
