Any type of truck accident is serious, as there is a tremendous amount of force unleashed when a very large vehicle collides with yours. If you have been injured in a rear-end truck accident, you could be due a substantial settlement check. However, you would need to make your way through the insurance company, whose job is to minimize its own financial liability. Only an experienced attorney can properly guide you through the process, fighting for your legal rights once you have established them. Get in touch with our experienced Jacksonville truck accident lawyers at Horton & Mendez Injury Attorneys to learn more about a potential legal case.
Common Causes of Rear-End Truck Accidents
It is important to determine the cause of the accident before you file a claim or lawsuit. When you hire an experienced truck accident lawyer, they will perform a complete investigation of what happened in order to build your case.
It can take quite a long time for the truck driver to bring their vehicle to a complete stop. If a truck is traveling at 55 miles per hour, it could take 500 feet for the truck to stop. If the truck driver misses their prompt to apply the brakes by even a split second, it can cause a serious accident.
Further, there are large blind spots around multiple areas of the truck, including in front of the cab. They may be unable to see for dozens of feet in front of them.
Common causes of rear-end truck accidents include:
- Distracted driving: The truck driver may be looking at their phone or otherwise not have their eyes on the road and not see you in time to avoid an accident.
- Speeding: When a truck driver exceeds the speed limit, they may lose the ability to brake in time.
- Poorly maintained trucks: Worn tires or poorly maintained brakes can lengthen the amount of time that a truck driver needs to stop.
- Drowsy driving: Operators who are driving long shifts or who are behind the wheel late at night may not have the best reflexes to apply the brakes in time.
Understanding Liability in Rear-End Truck Accidents
There is a presumption at work in any type of rear-end motor vehicle accident that blames the driver who struck the other car from behind. If a truck has rear-ended you, a claim starts from the assumption that the truck driver is to blame.
The insurance company may realize that they have a significant problem on their hands and may try to eliminate or reduce some of their liability. You may be forced to deal with allegations that you were partially to blame for the accident by stopping short or suddenly changing lanes into their path. Do not assume anything in a truck accident case, nor leave anything to chance.
You may need an experienced attorney to help defend you from any unreasonable allegations made against you.
Pursuing Compensation: What You Need To Know
Truck accident cases may be more challenging than the average personal injury lawsuit because of the stakes at hand. The insurance and trucking companies know you could be due a significant amount of money because of the injuries you have suffered. Even if liability for the accident is clear, you can still expect a fight on your hands.
Often, your attorney would advise you to begin your legal case by filing a lawsuit against the trucking company. This does not eliminate the insurance company from the picture because they need to defend their policyholder. You can assume they will have legal firepower at their disposal to try to defeat your claim in any way that they can.
Truck accident lawsuits can be protracted and complex. You can expect there to be a lengthy discovery process, which is necessary for you to obtain the evidence that you need to prove fault. You may need to go through much or all of the litigation process before you can reach a settlement agreement, and if you are not able to settle your case, the jury will decide liability and the damages you can receive.
Alternatively, you could choose to begin your case by filing an insurance claim and attempting to negotiate a settlement. If you have suffered serious injuries and the truck driver was clearly at fault, you may have more leverage in the negotiation process.
Compensation in a Truck Accident Case
You may be entitled to significant financial compensation in a rear-end truck accident lawsuit.
You may have suffered serious injuries after being struck by a vehicle that weighs up to 80,000 lb fully loaded. Additionally, the trucking company likely has a large insurance policy that is available to pay for the harm that their driver caused you. If the trucking company does not have sufficient coverage, you can go after their assets after obtaining a judgment.
Truck accident compensation can include:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress
- Embarrassment and humiliation
If your attorney can uncover evidence showing extreme negligence or failure to follow the law, you may be able to obtain punitive damages in a lawsuit.
Contact a Jacksonville Truck Accident Lawyer Today
Horton & Mendez Injury Attorneys represent accident victims who may struggle with insurance companies and the tactics they use. Our aggressiveness and knowledge of the law help hold wrongdoers accountable, potentially leading to financial compensation for our clients. Contact us to schedule a free initial consultation. You can message us through our website, or you can call us today at 910-405-7751 to speak with a lawyer.
