You’re stuck in traffic on the interstate, and suddenly, a giant tractor-trailer plows into you from behind. Your car is destroyed, and your back, neck, and head are killing you. What should you do?
Always seek immediate medical care in the aftermath of a rear-end truck crash; you can have expensive, long-term injuries that take months or years to heal. Then, talk to a personal injury lawyer to learn if you can receive compensation for your losses. Below, learn all about rear-end truck accidents, then speak to a rear-end truck crash lawyer if you have questions about your case.
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What Is A Rear-End Truck Accident?
A rear-end truck accident, also known as a rear-end collision, is a type of traffic accident in which a truck crashes into the back of another vehicle. This typically happens when the following vehicle doesn’t stop in time to avoid hitting the car in front of it. Rear-end accidents are among the most common car crashes and can occur for various reasons.
In most cases, the rear truck or car driver is considered at fault because they’re expected to maintain a safe distance and be prepared to stop. However, liability can vary depending on the specifics, like if the front driver stops abruptly without reason or if their brake lights aren’t working. In this situation, the front driver can be liable.
Injuries from rear-end accidents often include whiplash, back pain, or head trauma, though severity depends on the speed and force of the impact. A rear-end truck accident is exponentially worse because the tremendous size and weight of the truck almost always causes devastating or fatal injuries to occupants in smaller vehicles.
Rear-End Accident Statistics In California
Rear-end collisions are one of California's most common types of traffic accidents. Nationally, they account for approximately 29% to 33% of all vehicle crashes. California has more than its share because of heavily urban areas, congestion, and high-speed interstates.
Data from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) states that rear-end collisions have historically been the leading type of crash in the state. For example, in a recent year, rear-end collisions made up about 27 percent of all reported traffic accidents, totaling over 58,000 incidents out of roughly 216,366 crashes that year.
In terms of injuries and fatalities, rear-end crashes in California contribute significantly to the annual toll. Nationally, rear-end collisions result in around 1,700 deaths and 500,000 injuries each year out of 1.7 million incidents. Based on California’s population, the state sees about 200–250 fatalities and 60,000 injuries annually from rear-end crashes. In 2020, SWITRS reported 3,152 rear-end collisions involving alcohol that resulted in injuries or deaths.
California’s largest cities, like Los Angeles, amplify these numbers. In a recenet year, Los Angeles alone reported 36,562 traffic accidents, with rear-end collisions being the most common type, likely accounting for around 9,000–10,000 deaths.
The rear driver usually causes rear-end crashes. If you were hit from behind and injured, speak to a rear-end truck accident attorney today.
What Causes Rear-End Truck Accidents?
Rear-end truck accidents can occur due to various factors, often involving a combination of driver behavior, vehicle conditions, and external circumstances. Here are some common causes based on general knowledge and insights into traffic incidents:
- Distracted driving: Drivers not paying full attention to the road, whether due to texting, eating, or adjusting in-vehicle systems, may fail to notice a car slowing down or stopping ahead.
- Speeding or tailgating: Following too closely behind a car reduces reaction time and can trigger a significant accident.
- Sudden stops if a car brakes abruptly: Due to traffic, road hazards, or mechanical issues, the vehicle behind it might not react quickly enough, especially if the driver isn’t maintaining a safe distance.
- Poor weather conditions: Rain, snow, fog, or ice can reduce visibility and make roads slippery, increasing the likelihood of a rear-end collision as stopping distances increase.
- Fatigue: Tired truck drivers may react slower, leading to delayed braking or failure to notice traffic changes. Hours-of-service rules state that truckers can only drive so many hours a day or week. However, many truckers break the rules to earn more money.
- Mechanical failure: Brake failure or issues with the brake lights can prevent the trailing driver from being warned of a stop, contributing to a crash.
- Road conditions: Construction zones, sharp curves, or unexpected obstacles can force a car to slow down or stop suddenly, catching following drivers off guard.
- Inexperienced drivers: Those unfamiliar with handling large vehicles or judging distances behind cars might miscalculate stopping needs.
A rear-end truck accident lawyer can determine if another driver’s or entity’s negligence led to the truck accident. If so, you can receive compensation in a truck accident lawsuit. The truck driver is usually liable for a rear-end accident. However, their employer may be vicariously liable for your injuries, too.
Available Compensation In A Rear-End Truck Accident
In California, if you're involved in a truck crash, you may be eligible to seek compensation for various types of damages depending on the circumstances of the accident, the extent of your injuries, and who is found liable. Compensation in these cases is generally divided into three main categories: economic, non-economic, and, in rare cases, punitive damages:
Economic Damages
These tangible, measurable losses can be calculated with receipts, bills, or other documentation. They aim to cover the financial impact of the crash. Examples include:
- Medical expenses: Costs for immediate treatment, such as ER care and surgeries, ongoing care, and future medical needs if injuries are long-term or permanent.
- Lost income: Money you’ve lost from being unable to work due to your injuries. This includes time already missed and, if applicable, future lost income if your ability to work is reduced.
- Property damage: Repair or replacement costs for your vehicle or other personal property damaged in the crash.
- Additional expenses such as out-of-pocket costs: Expenses like transportation to medical appointments or hiring help for household tasks you can no longer perform.
Non-Economic Damages
These compensate for losses that don’t have a clear dollar value but significantly affect your quality of life. They are subjective and vary case by case. Examples include:
- Pain and suffering: Compensation for physical pain and discomfort caused by your injuries, both immediate and ongoing. This compensation is open to interpretation; your attorney will demand the most possible.
- Emotional distress: Mental anguish, anxiety, depression, or trauma resulting from the crash or its aftermath.
- Loss of enjoyment of life: If your injuries prevent you from engaging in hobbies, activities, or daily routines you once enjoyed.
- Loss of consortium: Compensation for the negative impact on your relationships due to your injuries.
It takes a highly skilled truck accident attorney to maximize your case compensation. The trucking company will fight your claim and may even try to blame you for your injuries. Your truck accident attorney is your dedicated legal advocate and will fight to prove fault and maximize compensation.
What Does A Rear-End Truck Accident Attorney Do?
A rear-end truck accident attorney experienced in representing clients involved in these types of often catastrophic accidents. These accidents occur when one vehicle strikes the back of another, typically at a high speed or impact when a truck is involved. An attorney's primary role is to handle the legal process and seek compensation or defend against claims. Here’s what a truck accident attorney will do:
- Case evaluation: To determine liability, they assess the details of the accident, including police reports, witness statements, and evidence like photos or videos. In rear-end crashes, the trailing driver is often presumed at fault, but exceptions (e.g., sudden stops or brake-checking) can complicate things.
- Legal advice: They explain your rights, potential outcomes, and the best course of action, whether negotiating a settlement or going to trial. They’ll also advise on deadlines, like statutes of limitations, which vary by jurisdiction.
- Investigation: They gather evidence to strengthen your case, such as obtaining traffic camera footage, interviewing witnesses, obtaining truck black box and truck driver employment information, or consulting accident reconstruction experts if liability is disputed.
- Dealing with insurance: They negotiate with insurance companies to secure fair compensation for damages, including medical bills, vehicle repairs, lost income, and pain and suffering. Insurance adjusters often try to minimize payouts, so an attorney counters lowball offers.
- Filing claims or lawsuits: If a settlement can’t be reached, they prepare and file a personal injury lawsuit, representing you in court to argue for damages based on negligence or other legal grounds.
- Damage assessment: They help quantify both economic losses and non-economic losses, ensuring all impacts are accounted for in your claim.
For example, if you’re hit from behind by a truck and suffer whiplash, the attorney will work to prove the truck driver’s negligence caused your injury and push for a payout covering treatment and recovery time. On the flip side, if you’re the rear driver and believe the lead car stopped abruptly without reason, they’d build a defense to shift or share blame.
Their ultimate goal is to maximize your recovery, or minimize your liability, while handling the legal and insurance burden so you can concentrate on recovery and healing.
What Affects The Value Of A Rear-End Truck Accident Claim?
The value of a rear-end truck crash in California, typically referring to the settlement or compensation amount in a personal injury or insurance claim, is influenced by several key factors. These factors determine the extent of damages and liability, which in turn affect the financial outcome of a case.:
- Severity of injuries: The type and extent of injuries sustained in the crash are among the most significant factors. Minor injuries, like whiplash or bruises, may lead to smaller settlements. Past, present, and future medical costs play a major role, including doctor visits, surgeries, physical therapy, or long-term care expenses.
- Property damage: The cost of repairing or replacing your vehicle contributes to its overall value. A totaled car or significant structural damage increases the claim amount compared to minor cosmetic repairs like a dented bumper or broken tail lights.
- Lost income and earning capacity: If injuries prevent you from working, compensation can include lost income during recovery. For permanent disabilities, the loss of future earning potential further boosts the value, significantly if the victim’s occupation or career trajectory is affected dramatically.
- Pain and suffering: Non-economic damages, such as physical pain, emotional distress, or reduced quality of life, are more challenging to quantify but can substantially increase a settlement. California has no cap on pain and suffering damages in car accident cases, so severe or long-lasting impacts can lead to higher payouts, depending on how well they’re documented and presented.
- Liability: Rear-end crashes often presume the rear driver is at fault, but evidence like sudden stops or brake-checking by the lead driver can shift or share liability, affecting the final amount.
- Insurance limits: The at-fault driver’s insurance coverage sets a practical ceiling on recovery unless you pursue their personal assets or your own underinsured motorist coverage. For instance, if their policy limit is $50,000, that may cap your payout unless other factors, such as multiple companies being responsible, apply.
- Evidence of negligence: Strong evidence, such as police reports, traffic camera footage, truck black box data, driver’s logs, eyewitness statements, or the rear driver’s traffic citations, can solidify liability and increase the settlement value by reducing disputes.
- Medical documentation: Delayed symptoms or lack of immediate medical attention can weaken a claim. Thorough records from healthcare providers linking injuries directly to the crash strengthen the case and justify higher compensation.
The best way to understand your truck crash claim value is to ask a rear-end commercial truck accident attorney for a free case review.
Speak To A Rear-End Truck Accident Lawyer
A rear-end truck accident can trigger horrifying injuries or even cause death. You should never try to settle a serious truck crash claim without an attorney. Your truck accident lawyer will prove who caused the rear-end accident and demand compensation from the responsible party. Contact a rear-end truck collision attorney today for more information. Your seasoned Ontario personal injury attorney won’t be compensated unless they win your case.