Depending on your injury’s severity and who the fault for a rear-end accident lies with, you can sue for a rear-end truck collision. You can potentially file a personal injury lawsuit to recover your losses, but you do not need to immediately file a suit. You could begin by making a claim with either your own insurance company or that of the other drivers.
You must also consider that different states follow different laws regarding fault for accidents and minimum liability insurance. You may have to make a claim with your own insurance regardless of who bears liability. In some states, you may qualify to seek compensation according to the respective percentages of fault if both drivers contributed to the accident.
According to the Centers for Disease Control and Prevention (CDC), crashes are a leading cause of fatalities for people under the age of 54. In serious truck accidents, victims’ losses can exceed the amount that a policy covers, whether from their own insurance company or the other driver’s. In these cases, a victim can sue for a rear-end truck collision if they can prove that the other driver acted negligently and caused the accident.
According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions occur more often than any other type of accident, and they can even lead to fatalities. Even a minor rear-end collision, what some people would call a “fender-bender,” can result in a case of whiplash that does not manifest for days or even weeks.
According to the Mayo Clinic, whiplash can result in ongoing conditions or chronic pain. If an accident victim walks away from a collision without receiving a medical exam at any point, they can get stuck with the cost of their medical care when symptoms begin to appear later.
Trucks can range in size, but they generally weigh more and take up more space than the average passenger vehicle. This difference in size can result in more serious injuries and damages for the motorist in the passenger car.
Some trucks classify as commercial vehicles, which have their own restrictions and regulations set by the Federal Motor Carrier Safety Administration (FMCSA). For example, truck drivers must not drive for more than a certain number of consecutive hours in order to prevent drowsy driving.
When accidents involve a commercial vehicle, you may have the grounds to sue the employer of the driver for compensation, depending on the laws in your specific state. If a defect in the truck itself caused the failure to brake and resulted in a rear-end collision, you may also sue the truck manufacturer.
How a Lawyer Can Help You with Your Case
After a rear-end collision with a truck, you may be facing a long recovery period and mounting medical bills, lost wages, and property damage. You do not have to face the legal process alone on top of everything else. You have the right to seek legal representation from the beginning of the process, starting with filing an insurance claim against the negligent driver’s insurance company.
Typically, the fault for rear-end collisions rests with the driver in the rear, but exceptions do exist. Other factors like speeding or right of way can contribute to an argument on liability. A lawyer can help you determine liability to see if you can sue for a rear-end truck collision.
Along with establishing liability, a lawyer can also help:
- Assess your losses, including medical bills, pain and suffering, and lost wages.
- File an insurance claim with the negligent driver’s insurance company.
- Communicate with insurance adjusters on your behalf.
- Negotiate a fair settlement.
- File a personal injury lawsuit and comply with statutes of limitations.
- Represent you in a trial if necessary.
Potential compensation varies based on each case’s specific circumstances, but a lawyer can help prevent you from accepting a settlement that does not fairly cover your losses.
Ben Crump Law, PLLC Can Handle Your Case
If you were the victim of a rear-end truck accident and you suffered injuries, you have the option to seek out a lawyer to help you pursue compensation. We work on a contingency fee basis in order to advocate for accident victims and get started on their cases right away.
Keep in mind that if you choose to sue a negligent truck driver, you have a limited time to do so in some states. Some states follow a statute of limitations that begins counting down from the date of the accident. In order to secure your right to legal action, get in contact with us as soon as possible after an accident.
Call Ben Crump Law, PLLC at (800) 235-0444 for your free case evaluation. Let us help you determine your legal options.