Rear End Truck Accident Attorney
In 2017, there were 1,275 light trucks involved in fatal rear-end collisions. Trucks are heavier than passenger vehicles. From logging trucks to garbage trucks, tow trucks, and semi trucks, McCallister Law Firm P.C. is ready to fight for you to get the damages you deserve after your rear-end truck accident. Call us now at (816) 839-4380.
Can You Sue for a Rear-End Truck Collision?
Victims of accidents in Kansas City involving commercial vehicles can receive compensation from the at-fault party under state law.
Economic damages compensate you for your financial losses. Among the different types of damages are your medical bills, lost wages, property damage, and other expenses you have incurred. Being rear-ended can lead to whiplash, traumatic brain injuries, spinal cord injuries, bone fractures, and permanent scarring.
The experience of suffering is shaped by the traumatic nature of the crash, the medical nature of your injuries, and possibly even by financial, relational, or other factors. Non-economic damages compensate you for your intangible losses, pain and suffering, and emotional distress.
You may be entitled to receive punitive damages, a type of compensation separate from compensatory damages. Also known as exemplary damages, they punish a defendant for gross negligence, especially in crashes caused by driving under the influence or that resulted in fatalities. If there is clear and convincing evidence that the truck driver who rear-ended you was drunk or under the influence of drugs, the defendant may be ordered to pay exemplary damages.
Rear End Accidents In Kansas City
Commercial trucks can weigh up to 20,000 pounds—the difference in mass between a commercial vehicle and a sedan can result in more severe injuries.
Trucks also carry cargo that can be dangerous if it spills during an accident.
Because of these factors, the damages in commercial vehicle accidents are usually higher than in other types of car accidents.
You have a limited time frame to take legal action. The statute of limitations for filing a rear-end accident claim in Kansas is 2 years. If you do not file in time, you lose your legal claim for damages.
What Causes A Rear End Truck Accident?
Truck accidents happen for the same reasons many other motor vehicle accidents occur: distracted driving, driving while fatigued and drunk driving, among others.
Distracted driving is the leading cause of rear-end accidents. If a driver travels at 55 mph on a highway and takes their eyes off the road for five seconds to look at their phone, it’s like driving the length of a football field with your eyes closed. By diverting their attention away from the road, truckers can put drivers, pedestrians, motorcyclists, and other road users at risk.
Fatigue is another issue in trucking. The Federal Motor Carrier Safety Administration (FMCSA) regulates trucks and the trucking industry. According to their Hours of Service regulations, truckers must take breaks during mandated intervals.
Another major cause of rear-end truck collisions is alcohol. 4,786 large trucks were involved in fatal accidents linked to alcohol-impaired drivers in 2018. The symptoms of alcohol impairment can include slower reaction times, impaired judgment, blurred vision, and lower inhibitions against risky behavior, like speeding. Drunk drivers cannot accurately tell the distance between themselves and other vehicles or pedestrians and may fail to recognize road signs or abide by traffic signals.
About Rear-End Collision Accidents
Unlike other types of rear-end accidents, with truck accidents, the question of who is liable can come down to the truck driver, the trucking company, or the manufacturer.
Truck companies are responsible for the actions of their employees due to a legal doctrine called respondeat superior. Employers must conduct thorough background and drug tests on potential drivers before driving their trucks.
Truck drivers can be responsible for a rear-end collision if they break laws or are negligent. Drivers must adhere to federal and state regulations and traffic laws and can face harsh consequences if they break them. They must legally take breaks after being on the road for a certain amount of hours, and they must abstain from using alcohol while driving.
If the rear-end accident was caused by a defect in the manufacturing process or the design of the commercial vehicle, then the manufacturing company may be responsible.
Factors in Rear-End Collisions
To recover compensation in a personal injury lawsuit, you must prove liability beyond a reasonable doubt using strong evidence.
You must prove that the other driver owed you a duty of care and that they breached their duty, causing the accident. As a result of the accident, you have endured tangible and intangible losses.
We will help you file your insurance claim. To establish liability, our lawyers will build a case using the police report, witness testimony, medical records, and other proof. However, the insurance adjusters will use arguments to reduce or deny your settlement. This is common in accidents involving trucks, but our lawyers will negotiate and fight hard to establish liability so that you get what you deserve.
Rear End Truck Accident Attorney
Accident victims who have suffered catastrophic injuries in a rear-end collision with commercial vehicles may qualify to seek compensation for their losses through the legal process of filing a personal injury claim. Call (816) 839-4380 now to schedule your free case evaluation with a truck accident attorney, where we discuss your rights and legal options.