Tractor Trailer Rear End Collisions

Based on my experience, the most common types of personal injury cases arising out of car crashes are rear-end collisions. Unfortunately, the most common type of tractor trailer crashes also involve rear-end collisions.

Tractor trailer rear-end collisions are a different type of accident than a typical passenger car rear-end collision.  That is for a number of reasons, mainly because the enormous size of a tractor trailer can create catastrophic impacts when it collides with the rear of a stopped car.

Rear-end collisions involving commercial vehicles typically occur in a number of scenarios:

• A tractor trailer driver is not paying attention to signs warning of construction zones, causing the truck to smash into the rear end of cars that are slowed down or stopped for construction traffic;

• A truck driver is not driving safe speeds during high traffic times such as rush hour, when traffic is heavy and traffic patterns are unpredictable;

• A big rig driver fails to anticipate stopped traffic for another accident and crashes into the back of stopped vehicles;

• An 18 wheeler driver is distracted due to texting, talking with another occupant, reading documents, tinkering with equipment, or doing something else that is inappropriate for a trucker of a moving truck;

• A commercial vehicle is speeding above the safe speed limit, or traveling at an excessive speed due to weather conditions, causing a rear-end collision;

Rear-end collisions by tractor trailers can occur in many circumstances. But the common thread is that the truck driver is driving in an unsafe manner and violating rules of the road.  It is this unsafe driving that puts others at grave risk of injury or death.

Injuries from rear-end collisions can come in a variety of forms.  Injuries can include traumatic brain injuries, spinal cord injuries, severe whiplash, spine injuries, herniated disks, neurological injuries and disorders, shoulder injuries like rotator cuff tears, and temporomandibular joint dysfunction (TMJ).  Some accidents are so severe that they lead to death and a potential wrongful death claim.  These rear-end truck accidents can be life altering, or life ending, events.

Following a rear-end trucking collision, there are a number of steps that must be taken immediately to investigate and preserve evidence.  It is vital to obtain permission to download electronic information from the tractor trailer’s Electronic Control Module or black box. This will indicate the truck’s speed right before impact, whether the truck driver attempted to apply the brakes, when the brakes were applied before the impact, and other helpful information about what the truck was doing right before the rear-end collision.

Similarly, it would be helpful to obtain any data that can be downloaded from any telematics systems that are on the truck. This data could provide valuable evidence about how the driver was driving before the crash, including stops he made, speed he had been traveling, and other information.

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Many tractor trailers are also equipped with cameras, some that focus on the outside of the truck and some on the inside.  This camera footage on the outside can show if other drivers, obstacles, or conditions may have contributed to the accident. This footage can also contradict the truck driver’s version of the collision.  Some trucks have cameras focused on the interior of the cab, and those could show whether the truck driver was distracted, paying attention, engaged in other non-driving activities, or even sleeping.

It is also helpful to examine whether the truck was equipped was collision avoidance and collision mitigation technology. If the truck was equipped with this safety equipment that is supposed to reduce both accident frequency and severity, it is important to see if the system was either defective or malfunctioning. If so, a knowledgeable and skilled attorney should consider the possibility of a product liability claim against both the telematics provider and the truck manufacturer.

The truck manufacturer could also face a potential products liability claim if it manufactured a truck that did not include collision avoidance or collision mitigation technology. Testing shows that this collision avoidance technology can be very effective at reducing the number and severity of crashes. In addition, many manufacturers are well aware of how effective this technology is and they offer it as an optional upgrade in many of their truck models. But the manufacturers often make this effective safety equipment an optional upgrade. This creates a situation where the truck manufacturers who sell trucks without collision avoidance technology are putting a less safe version of their truck on the road. This is particularly problematic because this technology is inexpensive (approximately $300), but manufacturers charge several thousand dollars to include it in their trucks. That arguably makes the trucks defectively designed.

Rear-end collisions involving tractor trailers can cause catastrophic and devastating injuries.  If you or a loved one was involved in a rear-end collision with a commercial truck, it is vital that you take immediate steps to preserve your rights and to make sure evidence does not disappear.  To do that, you must contact an experienced Virginia truck accident attorney who is experienced and knowledgeable about trucking accidents and the FMCSA.

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For a free, no-obligation consultation, contact Robert E. Byrne, Jr., an attorney experienced in handling injury claims from interstate motor carriers. Bob is the first and only attorney in Virginia who is Board Certified in Truck Accident Law by the National Board of Trial Advocacy. Achieving this honor took Bob many years in which he had to show that he has had extensive experience handling truck accident cases. He also had to pass a mini bar examination that focused on truck accident laws, as well as evidence, ethics, and civil procedure. Bob also had to satisfy a rigorous peer-review process where numerous attorneys and judges confirmed that he had the experience and acumen to handle truck accident cases.

We only charge a fee for a civil recovery on your behalf.  Call us today to schedule a free consultation with our experienced truck accident lawyers at MartinWren, P.C.

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