Were you in a rear-end truck accident? Did you suffer any injuries as a result? If so, you may be entitled to significant compensation from the at-fault party. The award-winning team of truck accident attorneys at Brach Eichler Injury Lawyers can help.
A rear-end crash between two small cars will often result in minor property damage and injuries, especially if the car in the back is traveling slowly. However, when a large commercial vehicle smashes into the rear of a passenger vehicle, it can be deadly.
Rear-end crashes are among the most common truck accidents on New Jersey roadways. When someone collides with the back of your car, they’re typically the ones at fault. All motorists are supposed to pay attention to what’s happening in front of them to avoid a dangerous situation. If the truck driver behind you is on their phone, speeding, or tailgating, they might not be able to stop in time if you need to slam on your brakes.
You deserve the maximum insurance settlement available for your injuries and resulting expenses. Please find out how Brach Eichler Injury Lawyers and our New Jersey rear-end truck accident lawyers can win your case by calling (973) 364-8300 for a free consultation.
How to Determine Fault After a Rear-End Truck Accident
A common cause of rear-end crashes is tailgating. Tailgating is reckless behavior that can lead to severe injuries. When a truck driver tailgates a small car ahead of them, it increases the likelihood of a crash if the person in front needs to slow down or stop suddenly. Large trucks like tractor-trailers require much more distance than passenger vehicles to come to a complete stop.
If a truck driver is tailgating while texting on their cell phone, the collision will probably be fatal. When the truck driver attempts to slow down, they could at least drop their speed slightly and reduce the impact between the two vehicles. However, if the driver isn’t paying attention, they’ll barrel into the car ahead at full speed.
Driving at excessive speeds, faulty truck parts, improper maintenance, and aggressive driving could also cause a rear-end truck accident. There are various traffic laws the truck driver could break that would make it possible for you to seek monetary compensation if you get hurt.
However, sometimes rear-end crashes are caused by the front driver’s actions or another party’s negligence. These circumstances typically include:
- When the front driver merges illegally or turns into the path of the rear driver.
- When the front driver brakes, he checks the motorist behind them.
- When a manufacturer sells faulty brake systems making it harder to stop the vehicle.
- When the front driver brakes in a way that’s aggressive or careless.
- When the front vehicle owner doesn’t repair their damaged brake lights or replace recalled ones.
Common Injuries Associated With Rear-End Truck Accidents
If the truck driver was traveling at a very slow rate of speed, the victim ahead may only suffer minor injuries, such as a minor concussion or cuts or bruises that eventually heal.
Many rear-end truck accidents involve a speeding trucker and can lead to debilitating injuries or fatalities. The most common injuries that occur after a rear-end truck collision include:
- Concussion or traumatic brain injury
- Whiplash
- Broken bones
- Crush injuries
- Loss of limb or amputation
- Neck, back, or spinal cord injuries
- Ejection injuries if the victim wasn’t wearing a seatbelt
Some of the injuries listed above could cause lifelong medical problems. A spinal cord injury could lead to paralysis, which requires ongoing medical care. A traumatic brain injury might lead to a permanent disability that prevents the ability to maintain employment. Whatever kind of injury you sustained may require treatment that can become costly over time.
You Can Recover Compensation After a Rear-End Truck Accident Injury
If you got hurt from a rear-end truck accident, you probably needed to seek medical attention and ended up with medical bills to pay. If the truck driver was at fault, they should be liable for compensating your damages through their liability insurance company.
When you hire Brach Eichler Injury Lawyers, our New Jersey rear-end truck accident lawyers will file an insurance claim or a lawsuit on your behalf. We’ll take care of every step needed to secure maximum compensation. In New Jersey, multiple options exist to pursue compensation for an injured victim’s damages, as outlined below.
Liability Insurance
New Jersey law requires all vehicle owners and operators to carry auto insurance with minimum liability limits for bodily injury and property damage. Since commercial trucks tend to cause more damage than small cars, liability coverage is much higher for truck drivers. You can file a liability claim to recover damages, such as:
- Medical expenses
- Lost wages
- Car repairs
- Emotional distress
- Pain and suffering
UM Insurance
New Jersey law also requires UM (uninsured/underinsured motorist) coverage on every driver’s policy. You can file a claim with your insurance company if the truck driver doesn’t have liability insurance or their limit isn’t high enough to cover all your damages. UM will cover expenses, such as:
- Lost wages
- Medical bills
- Vehicle repairs
- Physical or emotional pain and suffering under special circumstances
PIP Insurance
Personal injury protection is another coverage you can apply for on your insurance policy. PIP provides coverage for lost wages and medical expenses. If you need treatment for your injuries, you can provide your PIP insurance information to the doctor, and they will send all your medical bills to the insurance company for payment. You can also file a PIP claim to cover any income you couldn’t earn because your injury prevented you from working.
Third-Party Lawsuit
Many rear-end truck accident cases can be resolved through an insurance claim. At Brach Eichler Injury Lawyers, we’ll attempt to reach a full and fair settlement amount with the insurance company. However, there are times when the insurance company denies the claim or refuses to settle for a favorable amount. When that happens, we can file a lawsuit. We can sue the insurance company, the at-fault truck driver, or their employer.
The statute of limitations in New Jersey for pursuing a truck accident lawsuit is two years.
How Contributory Negligence Could Affect Your Compensation
New Jersey follows a contributory negligence rule regarding motor vehicle accidents. The injured party requesting compensation for their damages will receive a lower settlement based on the percentage of fault they share for the crash.
As an example, let’s say the truck driver rear-ended you because they were tailgating. The insurance company decides they’re 80% to blame but also finds you to be 20% at fault because you were driving recklessly and slammed on your brakes for no reason.
Your shared percentage of blame would reduce your total damages by the same amount. So, if you incurred $100,000 in damages, but your actions were 20% responsible for the rear-end crash, you would only be entitled to a maximum of $80,000.
Wrongful Death Claim After a Rear-End Truck Accident
What happens if you lose someone in a rear-end truck accident? You could pursue an insurance claim or lawsuit if the at-fault party were the truck driver or trucking company.
The statute of limitations for a wrongful death lawsuit in New Jersey is two years. That means you have two years from the date of your loved one’s death to pursue legal action against the negligent party.
Only a surviving family member or executor of the deceased’s estate can pursue a wrongful death case. Surviving family members include:
- Spouse and children or grandchildren;
- Parents;
- Siblings, nieces, or nephews; or
- Anyone dependent on the deceased individual.
The surviving spouse or child is first in line to file a claim or lawsuit. If neither exist or are alive, the surviving parent can sue for a financial award. The siblings, nieces, or nephews can only file a suit if there isn’t a surviving spouse, child, or parent.
Damages in a wrongful death case compensate the deceased’s estate and their surviving family members for the losses they suffered due to the death. These losses may include:
- Funeral and burial costs
- Medical expenses from the fatal injury
- Loss of household services, such as chores, childcare, and cleaning
- Loss of financial support
- Loss of companionship, love, or care
How Your New Jersey Personal Injury Attorneys at Brach Eichler Injury Lawyers Can Help You
Our New Jersey rear-end truck accident lawyers understand the suffering you experienced. You went through something traumatic and need to find a way to move forward with your life. You can count on us to help you recover and fight for the compensation you need.
When you hire Brach Eichler Injury Lawyers, our experienced team will work efficiently and diligently to ensure a favorable outcome. Truck drivers and trucking companies are supposed to create a safe environment for motorists on the roadways. They should be held accountable for their actions if they make a mistake that causes an injury or fatality. It’s our job to hold negligent parties responsible for the devastation they cause.
If you want to schedule a free consultation with one of our New Jersey truck accident lawyers, contact us at (973) 364-8300 or complete our online form.
Written by: Brach Eichler Injury Lawyers Last Updated : May 13, 2024We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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