Rear-end truck accidents are among the most dangerous collisions. Often, the motorist is trapped between two objects, including a truck that crashes into their vehicle from behind. It can cause devastating property damage, severe injuries, and even the tragic loss of life.
The motorist whose vehicle strikes the other in the rear is usually responsible for the collision, and rear-end truck accidents are no exception. However, those liable for your accident may not admit fault or pay you fairly.
Hire a truck accident attorney in Cape Girardeau to handle your claim or lawsuit and demand the compensation you deserve.
Causes of Rear-End Truck Accidents
Knowing the cause of the rear-end accident helps determine who you can hold responsible for your damages.
Some of the common causes of rear-end truck accidents are:
- Speeding: Whenever someone drives beyond the posted speed limit, they will inevitably come up on the rear of other vehicles. This alone can increase the likelihood of a rear-end accident. Furthermore, motorists who speed take longer to brake have less margin for error and may be more likely to lose control of their trucks.
- Tailgating: Tailgating is always dangerous, as it may not provide the following motorist enough room to brake before causing an accident. Riding closely to another vehicle can also disturb the motorist in front, potentially causing them to lose control or act erratically.
- Distracted driving: Every motorist should know the danger of distracted driving. Truck drivers must be especially aware of this danger, as they undergo extensive training and may even have an in-cab camera meant to detect distracted driving. Even so, truck drivers use their cell phones, eat and drink, and engage in other types of distracted driving that can cause rear-end accidents.
- Tired driving: The Federal Motor Carrier Safety Administration (FMCSA) imposes hours of service regulations meant, in part, to prevent truckers from driving while tired. When a truck driver is tired, the likelihood that they will doze off or make a mistake (and cause a rear-end accident) increases.
- Impaired driving: When a motorist is drunk, under the influence of drugs, emotionally compromised, or impaired in any other way, they may have less control over their physical and emotional state. Impaired motorists make rash, dangerous decisions that lead to accidents.
- A defective truck: When a defect in a truck or trailer contributes to an accident, the manufacturer can be liable for the victim’s damages. If the defect resulted from the owner’s failure to service or replace the vehicle, you can hold the owner responsible.
- A defective cargo trailer: The manufacturer or owner of a defective cargo trailer may owe you compensation after an accident.
Your truck accident lawyer will determine the cause(s) of your accident, identify all liable parties, and lead your case to a fair settlement.
Because of the countless potential causes of truck accidents, you need a lawyer to diagnose fault and liability. Allow an attorney to rely on their training and experience to determine who owes you money.
Who Will Pay for My Damages After a Rear-End Truck Accident?
Rear-end accidents are sometimes considered less serious than other collision types, like head-on accidents. This is not true when a large truck is involved.
Trucks can weigh up to 80,000 pounds, meaning 80,0000 pounds of crushing force directed into the rear of another vehicle. These (often violent) collisions can be catastrophic in many ways, leaving victims with economic and non-economic damages that warrant a large financial recovery.
Your truck accident lawyer will determine if you are owed compensation from:
- A trucking company
- A truck driver
- A truck manufacturer
- A cargo trailer manufacturer
- A municipality
- Any other party whose negligence contributed to your accident or who is financially responsible for another party’s negligence
One of these parties’ insurance companies will most likely be contractually obligated to cover some or all of your damages. Your insurer may also owe you compensation.
An attorney can oversee any insurance claim or lawsuit you choose to pursue. If insurance does not provide all the compensation you are entitled to, your lawyer can quickly take legal action.
Can I Handle My Own Truck Accident Case?
You can handle your truck accident claim or lawsuit, but there are several reasons why you may choose to hire a lawyer instead. Some of the facts you must confront before leading your case on your own include:
Diagnosing the Cause of a Truck Accident Is Rarely Easy
Operating a large truck is far more complex than driving a car, partly because trucks are complicated. This complexity can make it difficult to determine exactly why a truck accident happened.
Truck accident lawyers understand how trucks work, and they conduct thorough investigations to determine beyond a doubt why their clients’ accidents happened.
The Liable Trucking Company May Have Crucial Evidence
Trucks can be sources of evidence; therefore, you may need to secure evidence from the same trucking company that owes you compensation.
An attorney can file a legal document that:
- Informs the trucking company it possesses evidence your lawyer needs
- Demands the trucking company not tamper with evidence
- Demands the trucking company hand over evidence
The truck’s onboard computer, known as a black box, may contain valuable information. Your lawyer may also obtain an at-fault driver’s employment records, which can show that they violated industry regulations or have a history of negligence.
Your Damages May Be Complex and Expensive
Trucks are overrepresented among vehicles involved in fatal collisions, a testament to the devastating, crushing force of a multi-ton truck.
There is a significant chance that your accident has caused:
- Serious injuries
- Significant financial harm
- Intense pain and suffering
- Substantial property damage
These kinds of outcomes often demand large financial recoveries. You may want a professional to lead your case if you have a lot of money to gain or lose. However, you don’t have to be entitled to a large sum to benefit from hiring a truck accident attorney.
Responsible Parties Will Likely Fight You
Whether you seek your settlement from insurance companies, a trucking company, or any other party, you can bet that liable parties will fight your claim or lawsuit.
You can face several tactics meant to deprive you of fair compensation, including:
- Being blamed for the accident
- Facing delays in the claims process
- Receiving lowball settlement offers
- Facing attempts to confuse you about insurance policies and coverage details
Attorneys do not bat an eye when facing such bad-faith tactics. Lawyers encounter these kinds of challenges regularly and will be ready to navigate them during your case without losing momentum toward a financial recovery.
What Should I Expect from My Truck Accident Lawyer?
A trustworthy truck accident lawyer has several characteristics, including:
- Active communication
- Relentless work ethic
- Results-oriented approach
- Proactive protection of the client
- Thick-skinned negotiation tact
- Transparency about your case prospects
- Honesty in evaluating the fairness settlement offers
- Empathy for the client’s circumstances
You can evaluate prospective lawyers by reading reviews, completing free consultations with prospective firms, and evaluating case results. Your lawyer will lead every step of your insurance claim or lawsuit, including:
Protecting Your Rights
Though truck accident victims don’t always realize it, their rights can be at risk from the moment their accident happens.
Liable parties will likely realize they owe you compensation, and they may actively try to limit their financial liability by:
- Trying to have you admit wrongdoing (especially on a recorded line)
- Intentionally confusing you about the type or amount of compensation you are entitled to
- Talking you into accepting a lowball settlement, which may prevent you from seeking additional compensation
Your attorney will ensure no such bad-faith tactics affect you or your case. Your legal team will lead all communications with insurers and will help make any necessary statements to insurers.
Gathering Evidence of Negligence
Your lawyer will gather evidence that helps prove fault for the accident, including evidence in a trucking company’s possession.
Successful truck accident claims and lawsuits often include:
- Video of the truck accident (which may come from cameras in the truck, traffic cameras, and other sources)
- Eyewitness accounts of how the truck accident happened
- A truck driver’s admission to causing the accident (which they may provide to a law enforcement officer, insurance representatives, or the client)
- An expert’s reconstruction of the accident
While one side may blame the other for a truck accident, evidence doesn’t lie. Your lawyer will secure all evidence contributing to the case outcome you deserve.
Documenting Your Recoverable Damages
Your lawyer will prove the harm you suffered from the truck accident.
They may document your economic and non-economic damages with:
- All medical records related to the truck accident
- Invoices for temporary transportation, vehicle repairs, and other property costs
- A mental health professional’s diagnosis of any pain and suffering from the accident
- Pre-accident income statements that show how much income you have lost since the accident
Your own account of financial hardship, pain and suffering, and other damages may also be valuable to your case. Your attorney will identify each of your damages and seek proof of each.
Determining Your Case Value
Lawyers calculate the cost of economic and non-economic damages, also known as actual and general damages. Since every truck accident victim has different damages, each case has a different value.
Your lawyer will total your damages, consider any damages you will suffer in the future, and determine an accurate case value.
Negotiating a Settlement
Insurance companies sometimes offer a fair settlement without prompting or negotiation, but this is not typically true. Your attorney will be prepared to negotiate with insurers, providing proof of negligence and documentation of your damages.
Representing You in Court If No Fair Settlement Offer Arrives
Filing a lawsuit is an option for most victims of rear-end truck accidents. If you do not receive a settlement covering your damages, your attorney will discuss filing a lawsuit with you.
All of Your Recoverable Damages Entitle You to Compensation
Though every truck accident victim has a different profile of damages, many suffer similar types of harm that include:
- Pain and suffering: This is a relatively broad category of damages, which is appropriate considering that truck accident victims face many forms of pain and suffering. Anxiety, depression, physical pain, lost quality of life, and sleep problems are among the types of harm that can qualify as pain and suffering.
- Medical expenses: Covered medical expenses include emergency treatment, surgery, hospital services, imaging, and any other services you receive after the accident. From diagnosis to rehabilitation, your lawyer will seek compensation for your accident-related medical care.
- Property costs: Your case will include any vehicle repair costs, temporary transportation expenses, and the cost of any items you must replace due to accident-related damage.
- Professional damages: Your attorney will calculate the cost of any lost income, missed bonus and promotion opportunities, and other professional harm stemming from the rear-end truck collision.
You may have other damages, as the effects of a truck accident can reach many corners of a victim’s life. Your attorney will work alongside experts who understand truck accident victims’ damages, and they will demand that liable parties pay all the compensation you are entitled to.
What Should I Do During My Truck Accident Case?
Hiring a lawyer ensures that recovery can be your primary focus. You may also have personal responsibilities, but one thing is for sure—your insurance claim or lawsuit won’t be a concern.
Can I Afford a Truck Accident Attorney?
Every truck accident victim can afford to hire a truck accident lawyer, as there is no upfront cost. Your lawyer will complete your case without payment, and they will receive a percentage of any financial recovery they obtain for you.
Please don’t wait to hire your personal injury lawyer, as they may face several time-sensitive aspects of your case. Case evaluations are free. If you hire a lawyer, they can gather evidence of negligence and build your case immediately.