Rear-End Truck Accidents
A rear-end collision involving a tractor-trailer and a passenger vehicle can lead to serious, even fatal injuries. Additionally, the potential for a chain reaction collision increases during rear-end truck accidents. The Schaumburg and Wheaton truck accident attorneys at Therman Law Offices work to hold drivers accountable if their negligent actions caused a crash. A personal injury lawsuit provides a way for injured victims to secure compensation from at-fault parties. Our lawyers understand how to set forth evidence and build a strong claim following a truck collision.Proving Liability for Rear-End Truck Accidents
Rear-end truck accidents can occur on highways, at intersections or traffic signals, or while waiting to turn left. Often, a combination of factors leads to a truck accident. All drivers are expected and required to follow other vehicles at a safe distance. Additionally, drivers must anticipate and avoid hazards. An experienced attorney can investigate the cause of a collision and work to establish fault. Often, truck drivers exhibit negligent conduct that causes a collision. If a victim plaintiff proves the negligence of the at-fault driver, they may be entitled to damages for their harm.
Negligence in the context of a truck accident takes place when drivers do not meet their standard of care. The legal issue is whether a reasonable driver would have acted similarly, under the same circumstances. Drivers are required to operate their vehicle in a way that avoids foreseeable harm. There are situations in which the truck company may also be accountable, such as when they knowingly hire an unqualified driver. In many cases, a truck driver’s employer will typically have legal and financial responsibility for their employee, and may be held accountable.
A negligence-based legal claim requires the plaintiff show duty, breach, causation, and damages. An example includes a trucker texting behind the wheel, failing to notice and slow for stopped traffic, ultimately rear-ending the plaintiff’s vehicle and causing injuries and damage. Here, the driver has violated a federal regulation against hands-free driving, breaching their duty of care to abide by laws and regulations. A judge or a jury may deem this driver negligent if the plaintiff shows their conduct directly caused the crash and damages.
Inexperienced truck drivers can also cause rear-end collisions. When a motorist slams on their brakes, a newer truck driver may be incapable of stopping in time, avoiding a crash. This trucker may be held negligent if a reasonable truck driver would have reacted appropriately, under the same or similar circumstances. Speeding can contribute to an accident, as the trucker will be unable to stop in time.
Illinois law holds a presumption that the motorist who rear-ends a vehicle is liable. However, this presumption can be rebutted if the defendant sets forth evidence that the driver in front created an unavoidable hazard. An experienced lawyer can help overcome assertions that the victim contributed to the accident.Common Injuries in a Rear-End Truck Accident
The injuries suffered in a rear-end truck collision tend to be extreme because commercial trucks can weigh up to 80,000 pounds, while the average passenger vehicle weighs about 3,000. Victims can suffer catastrophic harm, such as herniated discs, spinal cord injury, and broken bones as well as torn muscles and ligaments. Bodies absorb the extreme force of the collision, and occupants can undergo a violent jolt through the cabin of the car struck from behind. In serious cases, accident victims may risk a traumatic brain injury due to impact to their head.Compensation Available Following a Rear-End Truck Accident
Surviving truck accident victims, or family of fatally injured victims, have the right to compensation after they establish another party was at fault. There may be more than one party held accountable, such as the truck driver and their employer. The type of compensation available includes loss of income, medical costs, property damage, and emotional suffering.Consult an Experienced Lawyer in Wheaton or Schaumburg
If you have been injured in a truck collision, the attorneys at Therman Law Offices can assist. For more than three decades, we have made it a priority to provide compassionate effective legal advocacy. Our lawyers are proud to assist people from Wheaton, Schaumburg, Arlington Heights, Hanover Park, Bensenville, Hoffman Estates, Streamwood, Elgin, Wood Dale, and Bartlett, as well as Roselle and Bloomingdale. To learn more, please contact our office at 773-545-8849 or reach us online.