Rear-end collisions involving large commercial trucks can cause catastrophic harm. These crashes frequently lead to severe injuries, significant property damage, and overwhelming legal challenges.
At Rosenberg & Gluck LLP, we understand the challenges people face after such accidents. Our truck accident lawyers are committed to helping you through this difficult time.
Understanding Rear End Truck Accidents
Rear-end collisions occur when one vehicle crashes into the back of another. When a large commercial truck is involved, especially as a rear-ending vehicle, the consequences can be severe due to the truck’s size, weight, and momentum.
The Severity of Truck Accidents
Commercial trucks, also known as semi-trucks, big rigs, or 18-wheelers, can weigh up to 80,000 pounds when fully loaded. In contrast, the average passenger vehicle weighs around 4,000 pounds. This enormous difference in size and weight means that even a relatively low-speed rear-end collision involving a truck can result in severe damage and injuries.
To put this into perspective, consider that a fully loaded commercial truck traveling at 65 miles per hour will need approximately 525 feet to come to a complete stop in ideal conditions.
This is nearly twice the stopping distance required for a passenger vehicle at the same speed. When you factor in less-than-ideal conditions such as wet roads, poor visibility, or driver fatigue, the potential for a rear-end collision increases dramatically.
Rear End Truck Accidents: Common Scenarios
Rear-end truck accidents can occur in various scenarios:
- A truck rear-ending a smaller vehicle: This is often the most devastating scenario, as the truck’s massive size and weight can crush the smaller vehicle, causing catastrophic injuries or fatalities to its occupants.
- A smaller vehicle rear-ending a truck: While potentially less severe than the first scenario, this can still result in serious injuries, especially if the smaller vehicle underrides the truck’s trailer.
- Multi-vehicle pile-ups involving trucks: These accidents often occur in high-traffic areas or during adverse weather conditions. They can involve multiple trucks and passenger vehicles, leading to a chain reaction of collisions.
Causes of Rear-End Truck Accidents
Understanding the root causes of rear-end truck accidents helps determine liability in legal proceedings. Here are some of the most common factors contributing to these collisions:
1. Driver Fatigue
Long hours on the road can lead to driver fatigue, a significant factor in many truck accidents. Despite federal regulations limiting driving hours, some truckers may push beyond safe limits due to tight schedules or economic pressures.
The Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service (HOS) regulations to combat driver fatigue. These rules limit driving time to 11 hours per day within a 14-hour work period, followed by 10 consecutive hours off duty.
However, even with these regulations in place, fatigue remains a persistent issue in the trucking industry.
2. Distracted Driving
Even a momentary distraction can be disastrous when operating a vehicle as large and heavy as a commercial truck.
The FMCSA prohibits commercial drivers from using handheld mobile devices while driving, but other forms of distraction remain problematic.
Some common distractions for truck drivers include:
- Using dispatching devices
- Reading maps or directions
- Eating or drinking
- Adjusting the radio or climate controls
- Looking at roadside distractions
3. Improper Vehicle Maintenance
Trucks with bad brakes or worn tires may be unable to stop fast enough to avoid hitting another vehicle. Trucks need regular checkups to remain safe.
Truck parts like brakes, tires, steering, lights, and the engine must be in good shape. Trucking companies must keep records of these checkups, which can be important in determining what caused an accident.
4. Speeding and Aggressive Driving
Excessive speed reduces a driver’s reaction time and increases stopping distance. Aggressive driving behaviors, such as tailgating, frequent lane changes, or failing to yield the right of way, can also contribute to rear-end collisions.
These behaviors are dangerous when exhibited by truck drivers due to the size and weight of their vehicles.
5. Poor Weather Conditions
Rain, snow, fog, and ice can impact a truck’s ability to stop quickly and safely. These conditions affect both traction and visibility, making it harder for truck drivers to judge distances and spot potential hazards.
In adverse weather, stopping distances can increase by 50% or more on wet roads, visibility can be severely reduced, and high winds can affect a truck’s stability.
Truck drivers are trained to adjust their driving for weather conditions, including reducing speed and increasing following distances. Failure to do so may be considered negligence in the event of an accident.
6. Impaired Driving
Alcohol and drug use, including some prescription medications, can severely impair a driver’s judgment and reaction time. While the legal blood alcohol concentration (BAC) limit for commercial drivers is 0.04% (half that of passenger vehicle drivers), any amount of alcohol can affect driving ability.
7. Inadequate Driver Training
Insufficient training in proper driving techniques, especially those specific to large trucks, can lead to poor decision-making on the road.
Adequate training should cover:
- Vehicle handling and maneuvering
- Defensive driving techniques
- Proper braking and following distances
- Handling adverse weather conditions
- Managing fatigue and stress
- Compliance with federal and state regulations.
8. Overloaded or Improperly Loaded Cargo
Trucks carrying loads that exceed weight limits or are improperly balanced may have difficulty stopping or maintaining control.
Overloading can lead to increased stopping distances, reduced stability, increased risk of tire blowouts or brake failures, and difficulty maintaining speed on inclines.
9. Mechanical Failures
Issues such as brake failures, tire blowouts, or steering malfunctions can cause a driver to lose control and collide with vehicles ahead. Regular maintenance and pre-trip inspections are essential to prevent these failures.
Consequences of Rear End Truck Accidents
Let’s examine some of the most common outcomes of rear end truck accidents :
Physical Injuries
Survivors of rear-end truck accidents often suffer severe injuries, such as:
- Whiplash and neck injuries are common even in low-speed collisions. The sudden, forceful movement of the head and neck can strain or tear the muscles and ligaments. Symptoms may include neck pain and stiffness, headaches, and sometimes long-term chronic pain.
- Traumatic brain injuries (TBI): The violent impact of a truck collision can cause the brain to collide with the inside of the skull, leading to bruising, bleeding, or tearing of brain tissue. TBIs can range from mild concussions to severe injuries resulting in long-term cognitive impairment, personality changes, or even persistent vegetative states.
- Spinal cord injuries, potentially leading to paralysis: The tremendous force of a truck accident can fracture or dislocate vertebrae, potentially damaging the spinal cord. These injuries can result in partial or complete paralysis, affecting the limbs, torso, and bodily functions below the point of injury.
- Broken bones and fractures: The impact of a truck collision can easily break bones throughout the body. Common fractures include broken ribs, which can puncture internal organs, as well as fractures to arms, legs, hips, and the skull. Complex fractures may require surgical intervention and extended recovery periods.
- Internal organ damage: The force of impact can cause severe internal injuries, even without visible external wounds. This may include liver, spleen, kidney, or lung damage. Internal bleeding is a particularly dangerous consequence that may not be immediately apparent but can be life-threatening if not treated promptly.
- Severe lacerations and burns: Shattered glass, twisted metal, and the friction of impact can cause deep cuts and abrasions. In cases where the accident leads to vehicle fires, victims may suffer severe burns, which can be extremely painful, prone to infection, and often require extensive treatment, including skin grafts.
- Crush injuries, especially in cases where smaller vehicles are compressed between trucks: When a passenger vehicle is caught between large trucks or compressed by a truck’s weight, occupants can suffer crush injuries. These can lead to severe tissue damage, internal injuries, or traumatic amputations. Crush injuries also carry a risk of complications like compartment syndrome or rhabdomyolysis.
These injuries can lead to long-term or permanent disabilities, requiring extensive medical treatment and rehabilitation. Some people may even need lifelong care or assistance with daily activities.
It’s important to note that the full extent of injuries may not be immediately apparent after an accident. Some injuries, particularly those involving the brain or internal organs, may have delayed the onset of symptoms. This underscores the importance of thorough medical evaluation following any truck accident, even if injuries are not immediately apparent.
Psychological Trauma
Beyond physical injuries, survivors of truck accidents may experience psychological trauma, including:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Fear of driving or riding in vehicles
- Sleep disorders
- Emotional distress
The psychological impact of such accidents can be long-lasting and may require intervention and therapy. It’s important to note that psychological injuries, while less visible than physical ones, can be just as debilitating and are equally valid in personal injury claims.
Financial Burden
The financial impact of rear-end truck accidents can include:
- Medical expenses, including emergency treatment, surgeries, medications, and long-term care
- Lost wages due to inability to work
- Reduced earning capacity for those with permanent disabilities
- Property damage, including vehicle repair or replacement costs
- Ongoing rehabilitation and therapy expenses
These finances can quickly add up, so talking to a truck accident lawyer about pursuing compensation is essential.
Impact on Quality of Life
Severe injuries from truck accidents can dramatically alter a person’s quality of life:
- Loss of independence due to disabilities
- Strain on personal relationships
- Inability to participate in previously enjoyed activities
- Chronic pain and discomfort
- Need for long-term medical care or assistance with daily activities
Legal Considerations in Rear-End Truck Accidents
1. Determining Liability
In many rear-end collisions, the rear driver is presumed to be at fault. However, truck accident cases often involve multiple potentially liable parties:
- The truck driver
- The trucking company
- The truck manufacturer
- Maintenance providers
- Cargo loaders
- Government entities responsible for road maintenance
Establishing liability often requires a thorough investigation. This may involve accident reconstruction specialists, trucking industry experts, and forensic analysts.
2. Federal and State Regulations
Commercial trucking is heavily regulated at both federal and state levels.
Key regulations include:
- Hours of Service (HOS) rules limiting driving time
- Mandatory rest periods for drivers
- Vehicle maintenance and inspection requirements
- Licensing and training standards for commercial drivers
- Restrictions on cell phone use while driving
Violations of these regulations can help establish negligence in a truck accident case.
3. Evidence Collection and Preservation
Gathering and preserving evidence plays a big part in truck accident cases.
Evidence may include:
- The truck’s electronic logging device (ELD) data
- Dashcam footage
- Maintenance records
- Driver’s logbooks
- Witness statements
- Accident scene photos and measurements
- Police reports
4. Statute of Limitations
Each state has a statute of limitations that sets a deadline for filing a lawsuit after a truck accident. In New York, for example, the general statute of limitations for personal injury cases is three years from the accident date.
However, exceptions or shorter deadlines may apply in certain circumstances. In fact, you could have as little as 90 days to act. This is why you must consult with a truck accident attorney after an accident.
5. Comparative Negligence
New York follows a pure comparative negligence rule, which means that an injured party can recover damages even if they were partially at fault for the accident.
However, their compensation will be reduced by their percentage of fault. Understanding how this rule applies to your case is essential in maximizing your potential recovery.
6. Insurance Coverage and Policy Limits
Understanding the available insurance coverage and exploring all potential sources of compensation is an aspect of truck accident cases.
Commercial trucks typically carry higher insurance coverage than personal vehicles. However, in cases of severe injuries or multiple victims, even these higher limits may be insufficient to fully compensate all parties.
The Role of Legal Representation
Legal representation after a rear end truck accident can benefit you in many ways.
An experienced truck accident attorney can:
- Conduct a thorough investigation of the accident
- Identify all potentially liable parties
- Gather and preserve critical evidence
- Work with accident reconstruction experts and other specialists
- Negotiate with insurance companies on your behalf
- Prepare and file necessary legal documents
- Represent you in court if the other side refuses a fair settlement
Let a Truck Accident Lawyer Help You With Your Case Today
If you or a loved one has been involved in a rear-end truck accident, you need a legal team on your side with a proven track record of success. That’s where we come in.
At Rosenberg & Gluck LLP, our team is dedicated to helping injured parties navigate the legal process, fight for fair compensation, and focus on their recovery.
Remember, time is of the essence in these cases. Evidence can disappear, memories can fade, and legal deadlines can pass. Be sure to seek the help you need. Contact us today for a free consultation to discuss your case and learn about your legal options.
