Rear end truck accidents

Rear end truck accidents

Rear-end truck accidents are a leading cause of collisions involving large trucks and can be a frightening experience, resulting in significant injuries and damages. If you have injuries and have missed work due to your collision, speak to a Manassas truck accident lawyer immediately. You'll want to recover compensation for your income losses, medical bills, and pain and suffering.

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Common Causes of Rear-End Truck Accidents

The causes of rear-end truck accidents are the same as those involving passenger vehicles. However, due to large trucks' substantial size and weight difference, these collisions tend to cause more severe injuries and damages. Common causes of rear-end truck accidents include distracted driving, driver fatigue, impaired or drunk driving, aggressive driving, poor road conditions, and mechanical failure.

Distracted Driving

Driver inattention or distracted driving is a growing concern as cell phone use behind the wheel increases. Drivers texting, talking, scrolling, and posting to social media pose a threat to other motorists daily. Other common distractions involve:

• Adjusting climate, radio, and other vehicle controls
• Interacting with GPS devices
• Moving objects in the truck’s cab, such as a dog or water bottle rolling around on the floor
• Reaching for things within the cab
• Rubbernecking or looking at events outside of the truck
• Eating, drinking, or smoking
• Personal grooming

Anything that involves a truck driver taking their hands off the steering wheel, eyes off the road, or mind off driving is considered a distraction. Cell phone and GPS records from the time of the truck accident can solidify if driver distraction was the cause.

Driver Fatigue

Driver fatigue or drowsy driving is another considerable factor involving rear-end truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) regulations for truck drivers and trucking companies to abide by to avoid this potential risk. Your attorney will investigate HOS logs for any violations.

Impaired or Drunk Driving

Truck drivers who get behind the wheel while under the influence of mind-altering substances cause accidents with their slowed reaction time and impaired judgment. Common substances that impair drivers include:

• Alcohol 
• Cannabis
• Illicit street drugs
• Over-the-counter medications
• Prescription medications 

Certain medical conditions qualify as driver impairment when symptoms of the condition are responsible for the crash—for example, epilepsy and seizures, diabetes, neurological conditions, stroke, and heart disease.

Aggressive Driving

Truck drivers have an extra reasonable duty of care to operate their vehicles safely because their size and weight severely threaten other motorists. Aggressive driving, such as speeding, following too closely, weaving in and out of lanes, running red lights, and ignoring other traffic laws, is unacceptable but a common cause of rear-end truck accidents.

Poor Road Conditions

Driver error isn't the only factor. Hazardous road conditions are sometimes responsible for rear-end truck accidents. Examples of poor road conditions that cause collisions are as follows:

• Large potholes and cracks in the concrete
• Broken or uneven payment
• Improper drainage causing standing water or flooding
• Missing signage or malfunctioning streetlights

Poor road conditions can be documented with photographic and video evidence at the scene. These rear-end truck accident cases are much more challenging because they involve holding municipalities and government agencies liable. You need an experienced truck accident attorney if poor road conditions cause your collision.

Mechanical Failure

A less common cause of rear-end truck accidents is mechanical failure. The FMCSA’s truck crash statistics demonstrate that vehicle-related factors are responsible for 4 percent of large truck accidents involved in fatal crashes. Faulty brake systems and tires are the most common vehicle-related causes of fatal truck accidents.

Who Is Liable in Rear-End Truck Accidents?

Unlike most motor vehicle collisions, truck accidents frequently involve multiple liable parties. Multiple liability makes rear-end truck accident claims more intricate, requiring an experienced attorney to navigate the process. Truck accident lawyers will investigate all possible parties, including:

• Truck Drivers: The leading cause of rear-end truck accidents is driver error, like drunk, impaired, or distracted driving. Trucker drivers who check a text message take their eyes off the road for an average of 4.6 seconds. At 55 mph, that equates to driving the length of an entire football field (360 feet) with their eyes closed. Cell phone use is a significant distraction.
• Trucking Companies: Respondeat superior is a legal doctrine holding employers vicariously liable for employee actions when their negligence occurs while working. This makes trucking companies liable for many rear-end truck accidents. Additionally, negligent hiring practices, hours of service (HOS) violations, and failure to inspect and maintain trucks make them liable.
• Cargo Loaders: Improper cargo loading and securing can be hazardous. Overloading the truck can make it difficult to maneuver or maintain control. Cargo loaders and cargo companies may be liable. 
• Vehicle or Parts Manufacturers: The manufacturer may be liable for defective trucks or truck parts. For example, faulty brakes may result in an investigation into product liability for your rear-end truck accident claim.
• Truck Maintenance: Failure to adequately repair or replace parts for proper truck maintenance may result in the mechanic or the truck maintenance shop being liable.
• Truck Safety Inspectors: If a safety inspector misses a significant hazard during their truck inspection, resulting in a severe crash, they can be liable for damages.
• Government Agencies: State and federal government agencies and local municipalities may be liable for a rear-end truck accident if a government employee was driving the truck at the time of the crash. They may also be liable if a dangerous road condition is responsible for the collision.

Once your lawyer's investigation determines all parties of liability, they will proceed to file claims with their insurance companies. Having multiple liabilities allows your attorney multiple options to secure compensation for the often substantial injuries and damages associated with rear-end truck accident claims.

How an Attorney Can Help After a Rear-End Truck Accident

A significant way attorneys help after rear-end truck accidents is by offering their services for contingency. They require no upfront or ongoing costs to retain their help and only get paid if they win your case.

Contingency arrangements help provide peace of mind for accident victims so they can focus on recovery. A truck accident lawyer's services include collecting and analyzing evidence, reconstructing accidents, calculating losses, negotiating settlements, and litigating lawsuits.

Provide Peace of Mind

An attorney can provide peace of mind following your rear-end truck accident by handling the legal process and assuming all communications with insurance companies. Insurance claim adjusters want to minimize company payouts, which may make the claims process challenging for legally unrepresented parties. Having a lawyer alleviates the pressure insurers place on accident victims to settle too soon and before recovering from their injuries.

Obtaining legal counsel also ensures you're not a victim of bad-faith insurance tactics like unfair denials and unreasonable delays in settling your claim. The peace of mind an attorney offers by representing your interests allows you to prioritize your recovery and health.

Collect and Analyze Evidence

A big part of an attorney's investigation into your rear-end truck accident involves gathering evidence to prove negligence. Truck accidents generally have a hefty amount of evidence to analyze and may include:

• Police report and witness statements
• Photos of the accident scene, including hazardous road conditions
• Pictures of your injuries 
• Video of the accident scene from traffic and security cameras and vehicle dashcams
• Medical records and bills
• Truck inspection and maintenance records
• Driver hours of service logs
• The commercial truck's event data recorder (EDR) or black box 
• The truck’s GPS recordings
• Trucker's cell phone records at the time of the accident
• The trucker's toxicology report
• Cargo manifests

You can provide evidence, such as a video demonstrating how severe injuries impact your daily life and a pain journal to help establish damages—and pain and suffering. The more consistent and detailed you are about documenting injuries and damages, the better your chances of securing compensation for them.

Reconstruct Your Rear-End Truck Accident

Accident reconstruction involves creating computer simulations, photogrammetry (3D models), and diagrams demonstrating negligence after visiting accident scenes and analyzing evidence. Accident reconstructionists use scientific disciplines, including mechanical engineering, mathematics, and physics, to create these applications, which help put liability into clear and straightforward terms for insurers, judges, and juries.

Calculate Losses and Determine Non-Economic Damages

Calculating your losses means tallying the total of your tangible or economic damages. Standard economic damages associated with rear-end truck accidents are as follows:

• Emergency Services: Costs associated with emergency care may include the ambulance from the accident scene to the hospital, emergency room treatment, such as imaging and diagnostics, hospitalizations, and surgeries.
• Medical Care: The expenses associated with medical care can include your medical evaluation following the truck accident and follow-up care to assess symptoms, such as pain, and document your injuries, treatment, and recovery. 
• Rehab Costs: Injuries that require rehabilitation services accrue costs such as physical therapy, massage, chiropractic adjustments, orthopedic care, and vocational and occupational therapy.
• Long-Term Care Costs: Severe injuries may require long-term care costs, which your truck accident attorney will factor into the demand letter, such as home healthcare, ongoing physical therapy, ongoing occupational therapy, and nursing home care. 
• Mental Health Services: Costs associated with mental health services include your mental health evaluation and diagnosis following a rear-end truck accident, ongoing mental health care, therapy treatments, therapy workbooks, and medication. 
• Lost Earnings: All income losses relating to your truck accident, such as income, tips, commissions, overtime, paid time off, medical and retirement benefits, future earnings, and diminished earning capacity for permanent impairments.
• Property Damages: All damages to property are recoverable in a truck accident insurance claim or lawsuit, including vehicle-related repairs and replacements, rental car reimbursements, and rideshare costs incurred while you were without your vehicle.  

Determining non-economic damages or pain and suffering primarily involves using the multiplier method. The multiplier method multiplies the total of your economic damages by a number between 1.5 and 5. Your multiplier number is determined by the severity of your injuries and their impact on your daily life and future. Non-economic damages after a rear-end truck accident may include:

• Acute and chronic physical pain
• Mental suffering and emotional distress
• Post-traumatic stress disorder (PTSD)
• Post-accident depression and anxiety 
• Development of semiochophobia—fear of semi-trucks
• Loss of enjoyment of life
• Limited or lost ability to perform daily tasks
• Physical impairment and disability
• Cognitive issues
• Loss of consortium

Sometimes, non-economic damages are determined using the per diem method, especially in court with judges and juries. Insurance companies may use other methods to calculate pain and suffering. Ask your truck accident attorney about what methods may be used to calculate yours.

Negotiate Settlements With Liable Insurers

Negotiations with insurance companies are more complex when there are multiple liable insurers. Typically, they will point fingers at each other to avoid paying their fair share. However, truck accident lawyers navigate these complexities day-to-day. Negotiations may take some time before all parties agree on the terms outlined in your settlement. Once they do, your attorney will collect their contingent fee and disburse the funds.

File a Civil Lawsuit

Due to time and money constraints, this is a last resort for insurance companies and hiring truck accident lawyers. However, when negotiations fail, your attorney may file a civil lawsuit to recover damages. Both parties will enter the discovery phase, exchanging information, such as interrogations and depositions.

Further investigation and negotiations will continue as both parties prepare for trial. Most rear-end truck accident cases are resolved without litigation. However, they will represent your case before a judge and jury to secure compensation for your injuries and damages.

Consult a Truck Accident Lawyer

Schedule a free case evaluation to discuss the merits of your rear-end truck accident claim. Our Manassas personal injury lawyer will want to discover all possible parties of liability and a plan to recover maximum compensation for your losses.

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