Who Is Responsible for Rear-end Truck Accidents?

Who Is Responsible for Rear-end Truck Accidents?

Sharing the road with commercial trucks can be intimidating for a car driver. Their sheer size and weight make them formidable on highways and city streets. Rear-end accidents between passenger vehicles and commercial trucks can cause severe consequences.

Lorenz & Lorenz Truck Accident Lawyers aims to shed light on the complex issue of liability in rear-end accidents involving commercial trucks, whether the truck hits a car from behind or a car collides with the rear of a truck.

Understanding Rear-End Truck Collisions

Rear-end collisions are among the most common accidents. They occur when one vehicle crashes into the back of another.

In commercial truck accidents, there are two scenarios we need to consider:

• A commercial truck rear-ends a passenger vehicle.
• A passenger vehicle rear-ends a commercial truck.

Each presents unique challenges when determining liability and can result in drastically different outcomes due to the size and weight disparity between trucks and passenger vehicles.

The Physics of Truck Collisions

To truly understand rear-end truck collisions, consider the physics involved:

• Mass Differential: A fully loaded commercial truck can weigh up to 80,000 pounds, while the average passenger vehicle weighs around 4,000 pounds. This enormous difference in mass means that even at relatively low speeds, a truck colliding with a car can cause catastrophic damage.
• Momentum: Given a truck's much greater mass, it carries significantly more momentum than a car traveling at the same speed. This translates into a much greater impact in a collision.
• Stopping Distance: Due to their greater mass, trucks require a much longer distance to come to a complete stop, compared to passenger vehicles. For example, a loaded tractor-trailer traveling at 65 miles per hour may need more than 500 feet to stop in ideal conditions, compared to about 300 feet for a passenger car.
• Center of Gravity: Trucks have a higher center of gravity than passenger vehicles, which affects their stability. This can come into play when emergency braking, potentially leading to jackknifing or rollovers.

Unique Factors in Truck Rear-End Collisions

Several factors make rear-end collisions involving trucks distinct from those only involving passenger vehicles:

• Underride vs. Override: In car-to-car rear-end collisions, the striking vehicle's front end typically absorbs much of the impact. However, in truck-car collisions, when a truck rear-ends a car (override), the truck's greater ground clearance can cause it to ride over the back of a car, crushing the passenger compartment. When a car rear-ends a truck (underride), it can slide under the truck's trailer, potentially shearing off the car's roof.
• Blind Spots: Commercial trucks have significant blind spots, often called "No-Zones." These areas around trucks where the driver has limited or no visibility can contribute to rear-end collisions, especially when smaller vehicles linger in these zones.
• Jackknifing: In emergency braking situations, particularly on slippery roads, a truck's trailer can swing out to the side, forming an L or V shape with the cab. Jackknifing can lead to multi-vehicle pileups, including rear-end collisions.
• Cargo Shifts: Improperly secured cargo can shift during sudden maneuvering, potentially causing the driver to lose control or affecting the truck's stopping distance, leading to rear-end collisions.
• Increased Severity: Due to the size and weight of trucks, rear-end collisions involving them tend to cause more severe accidents than those only involving passenger vehicles.

Legal and Regulatory Considerations

The heavy regulations of the commercial trucking industry can come into play when determining liability in rear-end collisions:

• Hours of Service Regulations: These rules limit how long truckers can drive without rest. Violations that lead to driver fatigue could cause rear-end collisions.
• Maintenance Requirements: Commercial trucks are subject to strict maintenance schedules and inspections. Failure to properly maintain a truck, especially its braking system, could contribute to rear-end collisions.
• Underride Guard Requirements: Federal regulations require most commercial trucks to have rear underride guards (also known as ICC bumpers or Mansfield bars) to prevent cars from sliding under the trailer in a rear-end collision.
• Weight Limits: Overloaded trucks can have longer stopping distances and be more prone to mechanical failures, potentially contributing to rear-end collisions.

For legal and insurance professionals, understanding these unique aspects of rear-end truck collisions provides context for the multifaceted liability issues that can arise in these cases.

When a Commercial Truck Rear-Ends a Passenger Vehicle

The Presumption of Fault

In most rear-end collisions, there's a presumption that the rear vehicle is at fault. This is based on the principle that all drivers should maintain a safe following distance and be prepared to stop if the vehicle in front slows down or stops suddenly.

When a commercial truck rear-ends a passenger vehicle, this presumption is often true. However, if evidence suggests the front vehicle (in this case, the passenger car) contributed to the accident, the trucking company may refute liability.

Factors Contributing to Truck Driver Fault

Several factors can contribute to a truck driver causing a rear-end collision:

• Distracted Driving: If the truck driver texted, ate, or otherwise did not pay full attention to the road, you can hold them liable. Truck drivers generally cannot use hand-held cell phones.
• Fatigue: Commercial truck drivers must comply with hours-of-service regulations to prevent fatigue-related accidents. If a driver violates these rules and causes an accident due to drowsiness, you can hold them responsible.
• Speeding: Trucks require much longer stopping distances than passenger vehicles. If a truck driver breaks the speed limit, they may not stop in time to avoid a collision.
• Improper Vehicle Maintenance: If the trucking company did not properly maintain the truck's brakes or other critical systems, they may share liability for an accident.
• Following Too Closely: Truck drivers should maintain a safe following distance, especially given their vehicles' longer stopping distances.

Potential Liability Beyond the Truck Driver

In commercial truck accidents, liability often extends beyond just the driver.

Other parties that you may hold responsible include:

• The Trucking Company: Under the legal doctrine of "respondeat superior," employers are generally responsible for the actions of their employees while on the job. Additionally, the company may be liable if they encouraged unsafe practices or failed to properly train their drivers.
• The Truck Manufacturer: If a defect in the truck contributed to the accident, you may hold the manufacturer liable.
• The Cargo Loading Company: Improperly loaded cargo can affect a truck's ability to stop safely. If this contributed to the accident, the company responsible for loading the truck might share liability.

When the Passenger Vehicle May Share Fault

While the truck driver often bears fault in rear-end collisions, in some situations the passenger vehicle driver may share responsibility:

• Sudden Stops: If the car stops abruptly without good reason, they may share fault.
• Brake Check: Intentionally braking hard to teach a lesson to a tailgating truck is dangerous and can result in shared fault.
• Cutting Off a Truck: If a car cuts in front of a truck without leaving enough space, the car driver may bear partial responsibility for a collision.
• Disabled Vehicle: If a car becomes disabled in a travel lane and the driver fails to move it to the shoulder or set up appropriate warning signals, they might share fault in a collision.

When a Passenger Vehicle Rear-Ends a Commercial Truck

The Presumption of Fault Revisited

As with any rear-end collision, there's typically a presumption that the rear vehicle (in this case, the passenger car) is at fault.

However, the unique characteristics of commercial trucks can complicate this presumption.

Factors Contributing to Car Driver Fault

Several factors can contribute to a car driver being found at fault when rear-ending a commercial truck:

• Tailgating: Following too closely behind a truck is especially dangerous due to limited visibility and the truck's longer stopping distance.
• Distracted Driving: If the car driver was not paying attention to the road, they may be liable.
• Speeding: Excessive speed reduces reaction time and increases the severity of collisions.
• Impaired Driving: Driving under the influence of alcohol or drugs significantly increases the risk of accidents.
• Failure to Adjust to Conditions: Drivers should adjust their speed and following distance based on weather, road conditions, and visibility.

When the Truck May Share Fault

Despite the presumption of fault for the rear vehicle, in many situations, the truck or trucking company may share responsibility:

• Inadequate Lighting or Reflectors: Trucks are required to have specific lighting and reflectors to ensure visibility. The truck driver and/or owner may share fault if missing or malfunctioning equipment causes an accident.
• Sudden Stops: While trucks often need to brake suddenly due to their size and weight, unnecessary abrupt stops could contribute to a fault.
• Mechanical Failures: If a truck's brake lights or turn signals malfunction, contributing to a rear-end collision, the truck driver and/or truck owner may be partially liable.
• Unsecured Cargo: If items fall from the truck, causing a car to crash into its rear, you may hold the truck driver and/or trucking company responsible.

Determining Liability: It's Complicated

Determining liability in rear-end collisions involving commercial trucks usually requires a lawyer. Multiple factors come into play, and in many cases, many parties may share fault. This is why you need as much evidence as possible following an accident.

Important Evidence in Truck Accident Cases

After a rear-end collision with a commercial truck, if it's safe to do so, try to collect:

• Photos of the Accident Scene: Include damage to all vehicles, road conditions, and any visible skid marks.
• Witness Statements: Get contact information from any witnesses.
• Truck Driver's Information: This includes their commercial driver's license number and their employer's information.
• Police Report: Always call the police to the scene of a truck accident.
• Your Own Account: Write down your recollection of the events as soon as possible.
• Medical Records: If you're injured, keep detailed records of all medical treatments.

The Role of Insurance Companies

After a rear-end collision involving a commercial truck, you'll likely deal with the truck's insurance company. These companies are motivated to minimize their payouts. They may try to shift blame onto you or downplay the extent of your injuries or damages.

Never give recorded statements to the other party's insurance company without first consulting an attorney. An experienced lawyer can protect your rights and ensure that you don't inadvertently say something that someone could use against you.

Comparative Negligence Laws

Many states operate under comparative negligence laws, which allow for the possibility of shared fault in accidents. Under these laws, each party can share a percentage of fault, and any compensation is adjusted accordingly.

However, Texas follows a modified comparative negligence rule, where you can only recover damages if you're less than 51% at fault for the accident.

Protect Your Rights Following a Truck Crash, Contact Lorenz & Lorenz

Rear-end collisions involving commercial trucks can have devastating consequences. While there's often a presumption about who's at fault in these accidents, the reality is that determining liability can be a difficult process involving multiple factors and potentially multiple parties.

After such an accident, gather as much evidence as possible and seek legal advice. Lorenz & Lorenz can help with the complexities of truck accident cases, deal with insurance companies, and protect your rights and financial interests.