Rear-End Truck Accidents & Related Lawsuits
The weight of a truck can make it challenging to slow or stop when required by traffic rules or situations on the road. Thus, truck drivers must make sure to leave enough stopping distance behind other vehicles to prevent an avoidable rear-end collision. They also must refrain from dangerous behaviors such as speeding, distracted driving, or driving under the influence of drugs or alcohol, any of which can reduce their ability to stop. A truck driver must adjust their driving in poor weather, work zones, and traffic jams to make sure that they have enough time and space to stop when needed.
While most people assume that the truck driver was at fault for colliding with a car in front of them, some of these accidents involve malfunctioning brakes or other components of the truck. This may mean that the truck manufacturer caused the accident by producing a defective part. In other cases, the trucking company may have failed to arrange for necessary repairs, a driver may have failed to conduct required inspections, or a truck maintenance company may have performed repairs improperly.
What if a car rear-ends a truck? The following vehicle tends to be the cause of a rear-end collision, but some accidents are less straightforward. For example, perhaps a truck had malfunctioning brake lights or taillights, or perhaps the driver of a disabled truck neglected to place safety triangles to alert other drivers. Truck accidents can be complex and should be thoroughly investigated.
Legal Claims Based on Rear-End Truck Accidents
A victim of a rear-end accident can recover compensation for their injuries and losses if they can show that the truck driver was negligent. This means that unreasonably unsafe actions by the driver caused the crash. Many truck accident cases include the trucking company that employed the driver as a defendant. If the trucker was on the job when the accident occurred, the company will be vicariously (indirectly) liable, which means that it will be responsible for compensating the victim. Getting access to a trucking company insurance policy can greatly improve the chances of receiving full compensation.
Sometimes a trucking company may be directly liable for a rear-end collision as well. The company may have hired a driver who was unqualified to handle a truck, such as a driver with a history of DUIs or many serious accidents. Or the company may have turned a blind eye to reports of unsafe behaviors by a driver. As discussed above, problems with maintaining the truck also can support claims against the trucking company and other potential defendants.
A victim must bring a truck accident lawsuit within the applicable statute of limitations, which varies by state. This defines the time window for filing a lawsuit. Failing to comply with the statute of limitations likely will result in the dismissal of a case, even if the defendant was clearly at fault. Moreover, vital evidence may not be preserved forever, so a victim should act promptly in asserting their rights.
