Can You Sue for a Rear-End Truck Collision?

A rear-end collision involving a commercial truck can have devastating consequences. As the victim, you have the right to hold the negligence party from your accident responsible for the damages they caused. However, you also have the burden of proving their liability and your losses. If you suffered severe injuries and need help understanding the legal process of tort law, you could benefit from contacting a truck accident lawyer.

Liability in Rear-End Collision Cases

Determining liability in a rear-end collision is typically straightforward. The person behind the other driver is nearly always at fault for the crash. Some of the most common causes include:

• Tailgating. Following someone too closely is dangerous and illegal in most states. It reduces your time to stop the vehicle and avoid a crash. When vehicles following you are commercial trucks, they need significantly more time to brake efficiently.
• Distracted driving. All drivers owe a duty of care to others on the road that demands their actions be as safe as possible. Allowing anything to divert attention away from the road is an unreasonable breach of duty that can be deadly when the distracted driver is in a commercial truck.
• Speeding. Speeding is another traffic violation that can quickly cause a rear-end collision. Commercial trucks need more time to slow down, and speeding significantly decreases their ability to stop before causing an accident.
• Driving under the influence. Unfortunately, the use of illegal substances is common in the trucking industry because drivers sometimes skip necessary rest to ensure they make their deliveries on time or ahead of schedule.

In a standard rear-end collision, once you identify the at-fault driver, you can file a claim with their ensure or a lawsuit against them in civil court to recover your damages. However, truck accidents differ because someone other than or in addition to the driver could be liable.

Identifying the At-Fault Party in a Truck Accident Case

Before filing your claim, you need to know who is liable for damages. In a truck accident case, that can include multiple parties or even someone who was not present when the collision occurred. Potentially responsible parties include:

• The truck driver. The truck driver is liable for their actions on the road. Did they violate a traffic law? Did they abide by the industry standards set by the Federal Motor Carrier Safety Administration? Were they performing their job or operating the vehicle outside the scope of their work?
• The truck driver’s employer. The truck company is also liable for damages under certain circumstances. For example, the company must conduct thorough background checks to vet drivers for a history of traffic or FMSCA regulation violations. They are also responsible for the mechanical condition of the trucks they own. Therefore, the company could be liable if the accident occurred because of a truck malfunction.
• The party responsible for loading the truck. The FMSCA also heavily restricts cargo for commercial trucks. The party who loads the trucks is liable if they violate the weight limitations or load securing requirements. You would need to prove their mistake caused the accident.
• A third-party mechanic. If the truck driver’s employer outsources truck inspections and maintenance to a third-party mechanic, that mechanic would be liable for any damages if they failed to inspect or maintain the truck properly, resulting in a mechanical failure that caused the accident.
• A truck or part manufacturer. The manufacturer could be liable if the catalyst for your collision is a defective part or mechanical system on the truck. Defects can occur during the design or manufacturing phases of production and are sometimes challenging to prove.

Who is at fault can also affect the type of lawsuit your file. For example, if the truck could not stop because of a defect in the brake system’s design, you could file a product liability lawsuit against the manufacturer. Sometimes, more than one party is liable. In that case, you may have multiple defendants for your claim or numerous lawsuits for one accident. You will likely benefit from hiring a truck accident lawyer if your case becomes complex.

Auto Accident Laws That Could Impact Your Case

Other laws can affect your ability to sue or your compensation. Some rules to discuss with a truck accident attorney include no-fault auto insurance and comparative negligence. If you live in a no-fault state, you may be able to recover damages through your own insurance policy.

No-Fault Auto Insurance

Some states, including Utah, require licensed drivers to carry no-fault auto insurance called personal injury protection coverage. In these states, you must file a claim through your policy, avoiding the question of liability. PIP insurance covers losses for you and your passengers, including medical expenses and lost income up to a minimum of $3,000. However, you can purchase policies that cover more. Unfortunately, PIP insurance does not cover non-economic losses, such as the pain and suffering or emotional distress often associated with severe injuries. Thankfully, the law allows you to file a lawsuit if your injuries and losses are severe.

The Threshold for Serious Injury

Utah’s serious injury threshold states that auto accident victims can file a claim or lawsuit against the other party if their injuries result in $3,000 worth of damages or more. You can automatically step outside the state’s no-fault policy if your injuries result in dismemberment, disability, disfigurement, or impairment. Given the size of commercial trucks, it is not uncommon for people to suffer significant losses.

Comparative Negligence for Shared Fault

Another critical law to consider is how the court handles cases where both parties play a role in the accident’s cause. Most states use the modified comparative negligence rule if you are partially liable for an accident. According to this law, you can still receive monetary compensation for a portion of your losses equal to the defendant’s percentage of liability. However, you cannot be more liable than the defendant. For example, if you are 40% at fault in Utah or Texas, you can recover 60% of your claim’s value. However, the law prohibits you from recovering anything if you are 51% or more at fault.

Contact a Truck Accident Lawyer to Schedule a Free Consultation

Truck accident victims often face severe injuries that result in substantial losses. A truck accident lawyer can help you understand your right to compensation and will ensure you adequately value your claim. They investigate the accident to create a well-evidenced case as quickly as possible so you can recover your losses and start rebuilding your life. They also handle all conversations with the sometimes combative insurance companies and will ensure no one violates your rights. Most truck accident cases settle before reaching the trial phase. The value of your settlement is based on the damages you can identify and prove. An experienced truck accident lawyer will ensure you claim every possible damage available.

At Fielding Law, our legal team understands that you need someone to act fast. We remove the burden of building a solid case off your shoulders and handle every aspect of the process as efficiently as possible. Let us handle the insurance and trucking companies while you focus your energy on healing. Our phone lines are open 24 hours a day, seven days a week. Contact Fielding Law at (877) 880-4090 to schedule your free consultation. We are ready to get to work for you as soon as possible.