Getting hit from behind by a massive truck can be devastating. Victims who survive a terrifying rear-end truck accident face debilitating trauma, excruciating pain, and astronomical medical expenses that permanently change their lives.
If a truck driver negligently rear-ended you, you should not have to deal with these disastrous consequences on your own. Instead, fight back and pursue financial damages. With an experienced truck accident attorney on your side, you do not have to face the legal battle alone.
Michael T. Gibson, PA, Fights for Truck Accident Victims
Our auto accident attorneys understand the devastating harm that rear-end car accidents and truck accidents can bring. When you’re injured, we’ll fight to get you everything you’re owed, down to the last dollar. Our case results are not a guarantee of your case’s outcome. However, they demonstrate our commitment to our clients in getting results.
- $3,200,000.00 – Wrongful Death – Trucking Accident: Recovery from a company truck that struck our client’s vehicle head-on, killing one and injuring another.
- $2,250,000.00 – Wrongful Death and Personal Injuries – Trucking Accident: Recovery from a trucking company whose truck struck our client on the interstate at night.
- $1,475,000.00 – Wrongful Death – Trucking Accident: Recovery for the death of one client and for catastrophic injuries suffered by another.
- $1,970,000.00 – Wrongful Death – Trucking Accident: Recovery for the death of our client, caused when his truck was struck head-on by another truck on I95.
- $600,000.00 –Wrongful Death – Trucking Accident: Recovery on behalf of a client who was struck and killed by an eighteen-wheeler when the truck violated the client’s right away.
What Makes a Rear-End Accident so Dangerous?
A rear-end accident typically occurs when the front bumper of one vehicle collides with the rear end of another. Unfortunately, when these accidents involve trucks, the collisions can cause catastrophic injuries, primarily because of certain truck features.
- Brake Time: Due to trucks’ sizes and weights, it takes truck drivers longer to stop their vehicles. Therefore, rear-end collisions commonly occur when truckers speed. The faster big trucks travel, the more devastating the impact might be when they crash into the back of another vehicle.
- Weight: Large trucks can weigh up to 80,000 pounds and can easily crush smaller passenger vehicles in accidents.
- Pile-ups: When a large truck crashes into the back of another vehicle, it can force the vehicle into another car in front of it. The crash causes a massive chain reaction, leading to countless injuries and substantial property damage.
Common Causes of Rear-End Trucking Collisions
Research indicates that most rear-end crashes occur when a driver decelerates to make a turn or comes to a complete stop, and a rear driver fails to compensate. For example, suppose a trucker does not pay attention to driving because they are texting or playing with the radio. In that case, they may not see a vehicle slowing down, leading to a devastating rear-end accident.
Even though distracted driving causes many rear-end trucking accidents, other scenarios include:
If a trucker tailgates another driver who suddenly hits their brakes, it can cause a catastrophic rear-end trucking accident.
Alcohol impairs brain function and muscle coordination, reasoning, and thinking—which are crucial to operating a motor vehicle safely. Drunk driving causes fatal rear-end crashes when truckers cannot function properly.
Speeding commonly causes rear-end trucking accidents because of the time it takes trucks to stop. Additionally, when a trucker speeds through an intersection, they may be unable to slow down or stop due to the truck’s braking system. Conversely, higher speeds mean that a large truck cannot make a sudden stop as quickly as vehicles around it, setting the scene for a rear-end collision.
Even though federal regulations restrict how long a trucker can drive without taking a break, many drivers break these rules because they have strict deadlines they need to meet. Unfortunately, when truckers forgo rest or skip breaks to keep driving, it can result in impaired driving or even cause them to fall asleep behind the wheel, leading to horrifying rear-end crashes.
Other factors that cause rear-end truck accidents include poor road conditions, faulty truck parts, inadequate lighting, or mechanical failures.
Determining which of these factors caused your rear-end truck accident can be a challenging undertaking. If a rear-end truck accident injured you, consider hiring a truck accident lawyer as soon as possible. An attorney can review your accident, figure out what happened, and advise you of your legal options.
Common Rear-End Collision Injuries
How badly truck accident victims get injured depends on the circumstances of the accident.
Some of the more common injuries that happen in rear-end trucking accidents include:
- Traumatic brain injuries
- Spinal cord trauma
- Neck and back injuries
- Broken bones
- Facial trauma
- Crushed limbs
- Significant lacerations and bruising
- Emotional trauma
- Wrongful death
The Statute of Limitations and Rear-End Truck Accident Claims
Time is of the essence when bringing a rear-end trucking accident claim because of the statute of limitations. The statute of limitations is a law that restricts the maximum amount of time a person can file a legal case against the wrongful party after an alleged offense. If you do not file your lawsuit within the allotted time, you may not be allowed to bring a case to pursue compensation.
Each state has a statute of limitations, so check with an attorney in your area to find out how long you have to bring a claim. In Florida, the statute of limitations to bring an injury claim following a rear-end truck accident is often four years from the accident date.
Exceptions that affect the filing period may apply. Therefore, contact a skilled truck accident attorney as soon as possible after your rear-end truck crash. They can figure out how much time you have to file your claim and file your legal documents with the court before the statute of limitation expires.
Liability in Rear-Ended Accidents
Our auto justice attorneys understand that rear-end trucking accidents can be complex and challenging to navigate, especially when it comes to determining liability. Florida law contains the legal concept of comparative negligence plays a significant role in assigning fault and distributing compensation in rear-end trucking accident cases.
In rear-end trucking accident cases, it is common for the driver of the following vehicle (usually the truck driver) to be considered primarily at fault. However, other liable parties may exist, including a manufacturer of defective parts or another driver who committed a negligent maneuver on the road. Your attorney will be able to investigate your accident thoroughly, such that all liable parties are established, and build a strong case in your favor.
Protect Your Legal Rights After a Rear-End Trucking Accident
Trucking accidents are chaotic, stressful, and overwhelming. Victims do not want to worry about what steps to take after an accident. However, taking certain actions after an accident can protect victims’ safety and legal rights.
After a rear-end trucking collision, you should take care to protect your health and your legal rights.
Call the authorities immediately to quickly alert the police of the accident and ask for medical help.
After the police arrive at the scene, they will perform a preliminary investigation into the accident and record their findings in their police report. If you decide to pursue legal action after the accident, the police report can provide valuable evidence about who caused the crash.
Visit a Medical Professional
After a rear-end truck accident, visit the emergency room or a healthcare professional as soon as possible. Even if you do not go to the hospital after the accident, you should still see a doctor. Symptoms of severe injuries such as head and brain trauma or spinal cord injuries can take time to develop; the longer you wait to get these conditions treated, the more dangerous they become.
Receiving prompt medical treatment can also help your legal case. After your doctor examines you, they can write a medical report documenting your trauma. A medical report directly links your rear-end trucking accident to your injuries. Evidence like this is beneficial if the insurance company argues that your injuries are minor or a result of a separate event.
Gather Evidence From the Scene
Most rear-end truck accidents cause extensive damage and injuries. Therefore, accident victims may not be able to collect evidence from the scene. However, if you do not require emergency medical treatment and the area is safe, you can use your cell phone camera to gather evidence.
Take photos and videos of the crash scene, your visible injuries, skid marks on the road, the weather conditions, traffic signs, road defects, and any other evidence that can help show what happened.
Get Driver and Witness Details
After the accident, try to exchange information with everyone involved, including the truck driver. Collect names, contact details, insurance information, and driver’s license numbers.
If other people saw the crash, try to get their names and phone numbers. Witnesses can often provide helpful details regarding what happened and provide testimony validating your claim.
Watch What You Say to Others
After the accident, watch what you say. An insurance company can use comments you make against you. Do not admit fault, apologize for the crash, or give definitive statements about what occurred until you can speak to a truck accident attorney.
Avoid posting anything about the accident on your social media accounts or online support groups. Even though doing so may seem like a great way to vent your frustrations, posts can leave a trail of evidence that the other side can use against you.
A skilled Florida car accident attorney can also help you gather information and evidence to support your case and provide legal advice that will protect you against parties that would devalue your claim. Ensure you take care of your health before all else, and then contact a truck accident attorney as soon as possible.
Get the Legal Help You Need From a Truck Accident Attorney
Being hit from behind by a truck can cause debilitating injuries that forever change a person’s life. Victims need to focus on physical and emotional recovery, not on trying to file complex legal paperwork. If you work with a truck accident attorney, you do not have to handle your case alone.
When you retain an attorney, they can:
- Evaluate your legal claim, determine whether you have a viable case, and explain your legal options
- Thoroughly investigate your rear-end truck accident and secure the evidence needed to show fault, including all other parties and vehicles involved
- Provide you with the legal support you need
- Build a case against the liable parties
- Handle negotiations with the insurance company to pursue a fair settlement offer
- Hire expert witnesses, such as accident reconstructionists, doctors, and financial specialists
- Take your case to court, if necessary, to seek monetary damages
If you or a loved one sustained severe injuries from a rear-end accident with a truck, do not wait to get the legal help you need. Instead, reach out to an experienced truck accident attorney today for a free consultation and let our legal team fight for the justice you deserve.
Michael T. Gibson P.A.
2420 S. Lakemont Avenue
Orlando, FL 32814