A rear-end truck accident happens when one vehicle, often a smaller car, collides with the back of a truck. These accidents range from minor fender benders to severe collisions, leading to significant injuries or fatalities.
Due to the size disparity between trucks and smaller vehicles, severe damage and injuries are possible.
Understanding the causes, types of injuries, and steps to take after a rear-end truck accident can help protect your rights and guide you through the aftermath.
Dealing with the aftermath of a rear-end truck accident can leave you with serious injuries and significant financial losses.
According to the Federal Motor Carrier Safety Administration, 5,904 people died in accidents that involved a large commercial truck.
The National Safety Council reports that 5,837 people died in accidents that involved a large commercial truck in just one year. Overall, over the past several years, tens of thousands of people have lost their lives in large truck accidents.
After a rear-end truck accident, contact a truck accident attorney immediately to learn your options for financial recovery.
Causes of Rear-End Truck Accidents
Various factors can lead to a rear-end truck accident. Reasons that rear-end traffic accidents happen may involve the actions of the truck driver, the driver of the following vehicle, or environmental factors.
Environmental Factors
Road Hazards
Poorly maintained roads, like roads with debris, potholes, or roadwork, may cause a truck to suddenly stop and increase the likelihood of a rear-end accident.
Poor Weather Conditions
Bad weather can cause a serious accident. Rain, snow, fog, or ice can reduce visibility and make it harder for drivers to stop in time.
Truck Driver Error or Negligence
Defective Equipment
Broken brake lights, worn-out tires, or faulty brakes can contribute to a rear-end accident.
Improper Lane Changes
Truckers are required to follow all relevant traffic laws to help avoid injury. If a truck driver merges or changes lanes without checking for traffic, it can lead to a rear-end collision.
Sudden Stops or Slowdowns
Truckers who negligently drive might cause an accident. Trucks may unexpectedly stop or reduce speed without warning, especially if driven by an inattentive trucker or the vehicle experiences mechanical issues.
Driver Error
Fatigue
Drowsy driving slows reaction times, making it difficult to avoid a rear-end collision. The FMCSA limits the number of hours that truckers work to help avoid accidents caused by fatigued drivers.
Speeding
Speeding is one of the top causes of traffic accidents, including rear-end truck accidents. Speeding reduces the time a driver has to react to a sudden stop or slowdown by the truck ahead.
Distracted Driving
Distracted driving includes any activity that distracts the trucker from the task of driving. Drivers texting, talking on the phone, or engaging in other distractions may not notice a truck slowing down or stopping.
Tailgating
Another common cause of rear-end collisions is tailgating. When a vehicle follows a truck too closely, it cannot stop in time if the truck suddenly slows or stops.
Other Contributing Factors
Improperly Loaded Trucks
Employees who improperly load a truck might face legal consequences for their errors. Cargo that is not properly secured can shift unexpectedly, causing the truck to stop.
Impaired Driving
Alcohol or drug use impairs reaction times and judgment, increasing the risk of accidents.
What Should I Do After a Rear-End Truck Accident?
The steps you take after a rear-end truck accident can affect your physical health and the well-being of your legal claim.
After a rear-end truck accident, to protect your health and legal rights:
Seek Medical Attention
Even if you do not feel injured immediately, seek medical attention. Injuries like whiplash, internal bleeding, or concussions may not show symptoms right away but can be serious.
File a Police Report
A police report can determine fault and document the accident. It will also serve as official evidence in any legal proceedings or insurance claims.
Document the Accident
Take photos of the accident scene, including damage to all vehicles, skid marks, road conditions, and any visible injuries. Collect contact information from witnesses and other parties involved.
Notify Your Insurance Company
Your insurance policy might require you to notify your insurance company that the accident happened. Report the accident to your insurance company, providing accurate and complete incident details. If the driver is at fault, your insurance company will likely pursue the other driver’s insurer or reimbursement.
Who Can You Hold Liable for Causing a Rear-End Accident?
Determining who is at fault in a rear-end truck accident depends on the circumstances surrounding the crash. You can hold several parties responsible, including:
Third Parties
In some cases, you can hold third parties such as truck manufacturers (for faulty parts), maintenance companies, or even government entities (for road defects or poor signage) responsible for the accident.
The Trucking Company
The trucking company may be held liable for accidents caused by inadequate truck maintenance, failing to train drivers properly, or not following safety regulations. If the driver was working for the company at the time of the accident, you can hold the company responsible for the actions of its employees.
The Truck Driver
If the truck driver was driving erratically, changed lanes without signaling, or failed to properly maintain their vehicle, you can hold them at fault for the incident.
The Following Driver
In many rear-end accidents, you can hold the driver of the following vehicle at fault. Common reasons include tailgating, distracted driving, or driving too fast for the road conditions.
Common Injuries After Rear-End Truck Accidents
Rear-end truck accidents, particularly those involving large trucks, can result in severe injuries due to the significant difference in size and weight between the truck and other vehicles.
Chest Injuries
A rear-end truck accident can easily lead to chest injuries. Chest injuries can include bruised lungs, broken ribs, or other chest injuries that can result from the impact of the crash, seatbelt pressure, or airbags deploying.
Internal Injuries
The force of the crash can cause internal injuries such as organ damage, internal bleeding, or ruptured organs, which can be life-threatening if not treated promptly.
Broken Bones
The impact of rear-end collisions can result in broken arms, legs, ribs, or facial bones. These fractures may require extensive treatment, including surgery and rehabilitation.
Back and Spinal Injuries
The force of a rear-end collision can cause herniated discs, fractures, or other spinal injuries, potentially leading to long-term pain or permanent disability.
Whiplash
Whiplash is one of the most common injuries in rear-end collisions, caused by the sudden jerking motion of the head and neck. Symptoms can include neck pain, headaches, dizziness, and limited mobility.
Traumatic Brain Injuries
In rear-end truck accidents, the sudden impact can cause a head injury, especially if the person’s head strikes the steering wheel, dashboard, or window.
Psychological Injuries
The trauma of a serious accident can lead to emotional and psychological effects such as post-traumatic stress disorder (PTSD), anxiety, or depression.
What Compensation Is Available After a Rear-End Truck Accident?
The amount of compensation available after a rear-end accident depends heavily on the facts surrounding the accident. Compensable damages can fall into one of several categories. The major types of damages can include economic, non-economic, and punitive damages.
Lost Earnings
Income Due To Injury
If an injury causes you to be unable to return to your job, then you might be entitled to recover for the losses you sustained due to losing time at work. It includes regular salary, hourly earnings, and other compensation you would have earned if you had not suffered an injury.
Future Loss of Earnings
Some injuries are so severe that the victim cannot go back to work in the same industry. You might be entitled to compensation for future lost earnings, especially if you can no longer perform the same job or work at full capacity due to the injury.
Medical Expenses
Current and Future Medical Bills
You might recover compensation for your current and future accident-related medical bills. You can recover for the cost of your medical treatment, surgeries, hospital stays, medications, physical therapy, and doctor’s visits. It includes both immediate and ongoing treatment for injuries sustained in the crash.
Medical Equipment
If the accident results in long-term physical impairments that require medical treatment (such as wheelchairs, prosthetics, and crutches), you can also recover the costs of this equipment.
Rehabilitation Costs
If your injuries require rehabilitation, including physical or occupational therapy, you can include those costs in your compensation.
Pain and Suffering
Pain and suffering damages are often available in rear-end truck accident cases. Damages for physical pain can include the actual physical pain caused by your injuries, whether short-term or long-lasting. Emotional pain and suffering go beyond physical pain; emotional suffering due to accidents and injuries or post-traumatic stress disorder can be compensated.
If your injuries prevent you from enjoying activities you once did, compensation can pay for this reduced quality of life.
Property Damage
Compensation can pay for any personal items damaged or lost in the accident, such as clothing, electronics, or other items inside your vehicle.
If the accident damaged your vehicle, you can seek compensation for repair costs or the fair market value of your vehicle.
Loss of Consortium
Loss of consortium is a claim that the victim’s spouse can assert. If you suffered a severe injury and the injury affects your relationship with your spouse, your spouse may be entitled to loss of consortium compensation. It recognizes the loss of your relationship’s companionship and emotional support.
Disability Compensation
If your injuries prevent you from returning to your previous job or performing similar work, vocational rehabilitation. A rear-end truck accident can cause injuries that leave you permanently disabled.
Permanent disabilities can include paralysis, significant loss of function, or amputation. You might be entitled to compensation for the long-term effects of your disability, including lost earning capacity and the cost of life-long care.
Loss of Future Opportunities
Your injury might limit your ability to pursue certain job opportunities, such as working in a physically demanding job or a job that requires travel; compensation can be awarded for the lost ability to work in those areas.
If the accident affects your ability to advance in your career or take advantage of educational opportunities, compensation may be awarded for the loss of those opportunities.
Legal Fees and Other Costs
If your case cannot be settled during negotiations, your truck accident lawyer might file a lawsuit for you to help resolve your case. In some cases, the at-fault party’s insurance may pay your truck accident attorney’s fees, depending on the legal structure of the case.
Some truck accident lawyers work on a contingency fee basis, meaning you only pay them if you win your case, and their fees come from the settlement or award.
If your case goes to trial, you may be entitled to compensation for court fees, expert witness fees, and other legal costs.
A seasoned truck accident attorney will help you get the full and fair compensation you deserve. An attorney will help achieve the best possible outcome after a rear-end truck accident.
Punitive Damages
Punitive damages do not compensate the victim for their injuries. Punitive damages punish the defendant and deter similar behavior.
Consult a truck accident attorney to learn more about the availability of punitive damages and the likelihood that a court will award you punitive damages.
Consult with a Truck Accident Attorney
An experienced personal injury attorney skilled in truck accidents can help you understand your legal rights, investigate the cause of the accident, negotiate with insurance companies, and pursue compensation for damages such as medical bills, lost earnings, pain and suffering, and property damage.
Consult an attorney immediately after a rear-end accident. Do not delay. Your truck accident lawyer will help throughout the entire claims process. An attorney will handle the financial recovery while you focus on your physical recovery.