Are truckers always at fault for rear-end accidents?

Determining Fault in Rear-End Truck Collisions

Like anyone on Virginia roads, truck drivers have a basic duty of care to uphold while operating a vehicle, and that includes allowing enough lead time to avoid a collision when stopping. Rear-end crashes between truckers and passenger cars are often a result of distracted driving, such as when the driver is eating, talking on the phone, fiddling with knobs, and so on.

However, that isn’t always the case. There are times where the truck that hit you isn’t responsible at all. For instance, someone else may have hit the truck first, which caused the truck to collide with the back of your vehicle.

Additionally, pursuing compensation from the actual truck driver isn’t always useful. The company that hired the driver may instead bear responsibility through negligent hiring and training practices. In some cases, the accident could have been caused by a faulty part that needs to be recalled, putting the manufacturer at fault. There are also instances where a shoddy repair job or improperly loaded cargo can cause a truck accident, leaving the maintenance or loading crews on the hook for your costs.

There’s another important catch to keep in mind. Even if the fault is extremely apparent, you still have to prove the other driver (or the employer) was negligent in order to receive the compensation you deserve. Insurance providers make money by denying claims, and truck companies don’t want to be taken to court, so both will try to find ways to avoid paying you.

An insurance adjuster may argue that you were partly at fault for the accident, which can prevent you from receiving any compensation at all. Insurance companies may also use tactics like taking social media photographs out of context to claim you aren’t as injured as you appear to offer you a lower amount than you deserve.

No matter who was ultimately responsible for the truck hitting your car, you need to contact an attorney who can fight these tactics after a rear-end collision.

What to Do After a Rear-End Collision Caused by a Truck Driver

Making your case and receiving compensation for your injury, even when it seems obvious that the truck driver was at fault, depends on gathering and properly utilizing evidence. You specifically need to acquire:

Photos from the scene of both vehicles and the road conditions.
Contact information from bystanders who saw the collision and can describe what occurred.
Evidence from the trucking company itself, such as the truck’s black box as well as employment records and driver logs. Typically, your attorney will handle gathering this type of evidence.
Police reports after law enforcement come to the scene to try to determine fault.
Medical documentation of your injury.

That last point is particularly important when a truck strikes the back of your car because whiplash is common after a rear-end accident. Other serious injuries with life-long repercussions are possible in rear-end crashes, especially when dealing with large tractor-trailers or cargo trucks.

Symptoms of brain and spinal cord injuries frequently don’t appear immediately after the crash and can be missed if you don’t get checked out by a medical professional quickly. Documenting those injuries is critical to negotiating a full and fair settlement with the truck driver’s insurance or in pursuing compensation through a lawsuit.

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Have You Been Injured In A Truck Accident? Speak With A Virginia Truck Accident Lawyer Today.

If you were hurt in a large truck accident, you should speak with an experienced Virginia truck accident lawyer as soon as possible. The passion of The Mottley Law Firm is to protect the legal rights of clients who have suffered life-disrupting truck accident injuries, so you can focus on regaining your health.

No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office directly at (804) 409-0876 to schedule your free consultation.

We welcome clients throughout Virginia, including the communities of Bon Air, Glen Allen, Highland Springs, Laurel, Mechanicsville, Short Pump, and Tuckahoe.

We also have the ability to handle personal injury cases across the United States with appropriate local counsel admitted in the jurisdiction. Schedule your confidential consultation today.

Are truckers always at fault for rear-end accidents?

Determining Fault in Rear-End Truck Collisions

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What to Do After a Rear-End Collision Caused by a Truck Driver

Have You Been Injured In A Truck Accident? Speak With A Virginia Truck Accident Lawyer Today.

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