There are many factors to consider when a truck rear ends your vehicle and it may not necessarily be the fault of the driver but it could be due to lack of maintenance of the truck. Sometimes pressure is put on the driver to work for too many hours leading to fatigue.
Distracted driving when the driver is eating or drinking while driving is typically a common occurrence as well and can lead to a rear-end accident.
If you have been injured in a vehicle accident you will probably be wondering who is going to cover the often huge cost of treatment and rehabilitation, let alone compensate for any time lost at work and the pain and suffering caused. If the driver who hit you was driving in a negligent way and you can prove that, then you may have a good chance of recovering all the costs mentioned by filing a personal injury claim.
Your chances of obtaining fair and adequate compensation are improved immeasurably when you engage the services of an experienced personal injury attorney.
How a Rear End Truck Accident Could Take Place
Rear end collisions are typically caused by the driver behind you hitting you, rather than the other way round. Drivers are expected to keep a safe and reasonable distance behind the vehicle in front to avoid the possibility of a rear end collision. Truck drivers are often in a hurry or feel under pressure from making deadlines and may take risks when coming up behind you. The slightest misjudgment can easily cause a nasty rear end accident.
Possible Rear End Accident Injuries
Rear end injuries are rarely as potentially serious as those caused by head on collisions and t-bone collisions. That doesn’t mean that serious injuries never happen. The severity of the injuries caused in a rear end collision depend n the relative sizes of the vehicles involved and the speed of the vehicle behind at the time of the collision.
Typical injuries are neck and spinal injuries. The neck is particularly to damage as it is jerked forwards then backwards on impact. Whiplash is a typical rear end collision injury and can be hard to diagnose and treat, although it is often very painful and debilitating.
Determining Liability in a Rear-end Accident
Determining who is liable is not necessarily that easy in a rear-end accident. It could be the fault of the driver of the truck or the truck company itself.
If it is found that it is the company that is liable there needs to be sufficient evidence to prove this. There are a number of factors that need to be considered which could have caused the rear-ender such as:
- faulty equipment like the vehicle’s brakes;
- pressuring the employee to overwork so that they are too tired to do a good job.
The employee could be held responsible for the rear accident as well. S/he may have been doing any of the following when the rear-ender took place such as;
- speeding;
- under the influence of drugs or alcohol;
- eating and drinking while driving;
- texting or talking on a mobile device.
Evidence Required in a Rear-End Accident Caused by a Truck
If you have been the victim of a rear-end accident caused by a truck, such as rear-ended while stopped, and it was not your fault you will need to gather any evidence necessary to support your claim.
Evidence that you should gather to support your PI claim:
- name + license plate of the truck that hit you;
- witness contact information and statements;
- time and location of the accident;
- photographs of the accident scene and the vehicles involved.
- security tapes from video footage nearby, if available.
No personal injury claim is complete without providing the evidence of the costs incurred in the rear-end accident. The more evidence you have the better and the higher the chance of winning a favorable settlement. These could include:
- damage estimates to the vehicle involved in the rear-ender;
- medical documentation showing receipts for medical treatment already received;
- police report of the accident;
- physicians report;
- estimated cost of medical treatment in the future;
- documentary evidence from your employer showing loss of income so far and into the future.
What You Could do to Recover Damages
Rear end collisions are invariably caused by negligent driving by the driver in the rear. This makes it easier to establish fault, which will be necessary if you are to obtain sufficient compensation from the other driver’s insurer. Photos, witness statements, a vehicle damage report and a police report are all valuable evidence. You will also need evidence to show that the injury was not pre-existing, that it was caused by the rear end collision and also how it has affected you financially.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
It can be hard to deal with a claim on your own. A personal injury attorney can provide valuable legal advice, especially about the individual state rules concerning personal injury claims. The attorney will also give you an opinion about your chances of successfully winning a claim, help with obtaining sufficient evidence and negotiate with the insurance adjuster on your behalf. Most claims never go to trial and are settled by negotiation. Most personal injury attorneys provide complimentary initial consultations and defer legal fees until a payment is forthcoming.
It is also possible that both can be at fault, which is why it is important to have an attorney on your side to figure out who the claim should be filed against. How the compensation claim is calculated when the fault for the rear-ender was the combination of, you, the driver and the company will depend on what state the rear-ender took place.
For example, if the accident took place in Virginia, a fault state with strict rules on contributory negligence, if you are found to be just 1 percent to blame for the rear-ender you will not be entitled to any compensation at all. If it is a no-fault state like New York, it will be your own insurer who will be responsible for paying your vehicle damage, medical costs and loss of wages.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Fedex, or any other party, you may not be entitled to any compensation.
