Being involved in any kind of car accident can be traumatic, but being rear-ended by a commercial truck adds another layer of complexity. These accidents often result in serious injuries, involve complex legal issues, and large sums of money. Semi-trucks and commercial vehicles are much larger and heavier than passenger cars. They travel at high speeds and require more time and distance to come to a complete stop. This blog post will cover some basic steps involved in navigating a rear ended by a commercial truck settlement, so you can better understand your rights and seek the best possible outcome in a rear ended by a commercial truck settlement.
Table Of Contents:
- What Makes Rear-End Truck Settlements So Complicated?
- Important Safety Concerns Regarding Commercial Vehicles
- What are Some Common Causes of Rear-End Truck Accidents?
- Factors That Affect Rear End by Commercial Truck Settlements
- Essential Steps to Take After Being Rear-Ended by a Truck
- FAQs about
Rear Ended by a Commercial Truck Settlement - Conclusion
What Makes Rear-End Truck Settlements So Complicated?
involving commercial trucks are often more complex than those between standard passenger cars. Contributing factors include the severity of injuries, the type of vehicles involved, liability issues, and potential federal regulations. Semi-trucks can weigh up to 80,000 pounds when fully loaded, and it’s common for these commercial truck accidents to result in catastrophic damages and severe injuries.
Determining liability is a key factor in truck accident settlements because multiple parties could be responsible for your injuries. Potentially responsible parties could include:
- The truck driver
- The trucking company
- The truck manufacturer
- Maintenance providers
- The company responsible for loading cargo onto the truck.
Your rights and options may vary depending on the type of truck that rear-ended you and the company the driver was connected to at the time of the accident. Common types of trucks include:
Commercial Trucks
The Federal Motor Carrier Safety Administration (FMCSA) defines a commercial motor vehicle (CMV) as any vehicle used to transport passengers or property with a gross vehicle weight rating (GVWR) over 10,001 pounds. These are different than standard pickup trucks. Different federal and state laws apply to CMVs and commercial drivers. These are often much tougher than standard rules of the road.
Many of the federal laws applicable to commercial drivers can be found in Title 49 of the Code of Federal Regulations.
Semi-Trucks
Semi-trucks are 18-wheelers that typically haul goods and products across long distances. Semi-truck accidents are often more severe than other accidents because they are heavier, creating more force during collisions.
Delivery Trucks
Delivery trucks are becoming increasingly common due to the rise in online shopping. If you are rear-ended by a delivery truck, the driver could be an independent contractor working for a company like Amazon or Fed-Ex or a company employee making local deliveries.
Important Safety Concerns Regarding Commercial Vehicles
Sharing the road with commercial trucks presents inherent dangers, one of which is driver error. Driver fatigue plays a significant role in CMV accidents.
Truck Driver Fatigue
Commercial truck drivers often spend long hours on the road to meet deadlines and complete long hauls, which can lead to drowsy driving. Drowsy driving can have similar effects to drunk driving, leading to decreased response time and attention.
The National Institute on Drug Abuse states that drugs or alcohol contribute to over 67% of fatal trucking accidents. This statistic highlights the increased danger passenger vehicle drivers face when traveling alongside large commercial vehicles.
Excessive Speed
Excessive speed is another inherent danger associated with CMVs and truck accidents. The American Trucking Association recommends that commercial vehicles utilize collision avoidance systems (CAS) and set a maximum speed of 70 mph.
CMVs not equipped with a collision avoidance system should maintain a maximum speed of 65 mph. Due to their size and weight, CMVs need extra stopping distance, which can be compromised when traveling at speeds above the recommended limit.
Following Too Closely
Tailgating, or following too closely, is another safety concern. This dangerous driving habit reduces the amount of time drivers have to brake or swerve to avoid a collision, increasing the severity of accidents.
What are Some Common Causes of Rear-End Truck Accidents?
Driving behaviors such as speeding, drowsy driving, and following too closely increase the risk of rear-end accidents. Several other factors related to CMV safety regulations and general mechanical failures also contribute to these accidents, such as:
- Improper braking systems.
- Faulty tires.
- Defective trailer attachments.
- Improper loading of cargo.
Given these potential hazards, practicing safe driving habits around CMVs is crucial. If you experience a rear-end collision with a commercial truck, the settlement process will likely be more complex and lengthy than with a standard rear-end accident, requiring close collaboration with truck accident lawyers and insurance companies. By taking the right steps, you can recover your financial losses, including property damage and medical costs.
Factors That Affect Rear End by Commercial Truck Settlements
Settlement amounts for these collisions vary depending on several factors. When negotiating a rear ended by a commercial truck settlement, consider these key factors that can impact your compensation:
- The extent and severity of your injuries.
- Your insurance coverage and the coverage of all other parties involved.
- If your vehicle was totaled, and if so, the year, make, and model of the vehicle.
- Loss of income from missed work and potential future losses from a permanent or long-term disability.
The amount of compensation awarded in a truck accident settlement case depends on the damages. Gathering thorough documentation and seeking legal counsel is important. Some specific types of damage compensation include:
Economic Damages
Economic damages, such as medical expenses, lost wages, and property damage, are easier to quantify with documentation. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for almost 28% of all motor vehicle crashes.
Non-Economic Damages
Non-economic damages involve less quantifiable losses directly resulting from the accident, such as pain and suffering, emotional distress, permanent disability, or disfigurement. You can try to prove these losses through documentation such as police reports, witness statements, psychological evaluations, and expert testimony.
Punitive Damages
In rare cases, courts may award punitive damages to punish the defendant and deter future misconduct. These damages go beyond compensating for your losses.
Some states follow a comparative negligence rule, meaning your settlement might be reduced by your percentage of fault for the accident. Seeking qualified legal counsel is essential due to the complex nature of truck accident settlements.
Essential Steps to Take After Being Rear-Ended by a Truck
After an accident, prioritize your health and safety and take steps to protect your legal rights. If you sustained severe injuries, seek immediate medical attention. Addressing your injuries promptly strengthens your claim for financial recovery. Consider the following actions after a truck accident:
| Step to Take | Description |
|---|---|
| Prioritize Your Safety | If it’s safe, move yourself and your vehicle out of harm’s way. |
| Assess Yourself and Others | Check yourself and any passengers for injuries and make sure the truck driver is okay. Call emergency services immediately if anyone requires medical attention. |
| Call for Help | Contact the authorities or ask a bystander to do so. Be prepared to share your exact location with 911 dispatch. |
| Document the Scene | If safe, use your mobile device to take pictures and videos. Capture the vehicle positions, damage to your vehicle and the truck, and visible injuries. |
| Gather Information | Exchange personal and insurance information with the truck driver, but be cautious about the specifics you share regarding the accident. Don’t apologize, speculate about fault, or give recorded statements before consulting with your truck accident attorney. |
| Obtain the Police Report | Request a copy of the police report, which will contain details like witness testimonies and an official record of the events. |
| Seek Medical Care | See a medical professional as soon as possible, even if your injuries seem minor. |
| Consult a Lawyer | Consult an experienced truck accident lawyer specializing in rear-end accident cases involving commercial trucks. They can guide you through the legal process and protect your rights. |
Taking these steps immediately after a commercial vehicle accident can protect your legal rights and increase your chances of a successful rear ended by a commercial truck settlement. Seeking legal counsel can prove invaluable due to the inherent complexities of the process.
FAQs about
Rear Ended by a Commercial Truck Settlement
How much are most truck accident settlements?
Unlike car accidents, truck accident cases don’t have fixed settlement amounts. The settlement payouts usually fall within specific ranges based on a unique set of circumstances. Factors considered include the accident’s specifics, severity of injuries, and contributing factors.
Every truck accident claim is unique. An accident lawyer will evaluate various factors before determining the appropriate compensation for the victim’s losses, whether it’s a semi truck or a passenger car.
How much to expect from a car accident settlement in Maryland?
There’s no definitive answer to this question, as each accident attorney will tell you every case is unique. However, you can research the median payout amount in similar cases in that region. For instance, the median payout for car accidents in Maryland is around $12,000, but this figure includes accidents without serious injuries or fatalities.
What is the rear end collision law in Maryland?
Maryland generally holds the rear driver responsible for most rear-end accidents. This is because drivers have a duty to maintain a safe following distance to avoid hitting vehicles in front of them. However, the rear driver might have a valid legal defense in some cases, like if the leading driver took sudden, unpredictable actions, including scenarios like unexpected braking or hazard light use.
While rear drivers are typically at fault in rear-end accidents, rare exceptions exist where a rear-end crash’s responsibility can be contested.
Conclusion
Being rear ended by a commercial truck can be legally complex. Understanding your legal options and rights after a rear ended by a commercial truck settlement is crucial, along with gathering the necessary information to negotiate fair compensation.
