Were you the victim of a rear-end truck collision? Did you sustain injuries that required medical attention? If so, you can pursue financial compensation with the help of a Dallas rear-end truck accident attorney from The Benton Law Firm.
Rear-end crashes are one of the most common types of collisions on the road. Between two small cars, it usually doesn’t cause severe injuries. However, when a 50,000-pound commercial truck crashes into the back of a passenger vehicle, it can lead to catastrophic injuries and damage.
The award-winning personal injury attorneys of The Benton Law Firm have helped numerous truck accident victims throughout Texas. We have the skills and resources to secure the financial reward you need. Call us at (214) 777-7777 to schedule a free consultation and learn about your legal rights.
Rear-End Truck Accidents and Finding Fault
Rear-end collisions are usually caused by a driver who follows the car ahead of them too closely. Referred to as tailgating, it’s dangerous and reckless behavior. When a trucker tailgates the vehicle in front of them, the risk of an accident increases tremendously if the driver in front needs to stop or slow down suddenly. Commercial vehicles require a lot of space to stop, and if they’re too close to a small car, they will likely crash into the rear of that car.
If tailgating occurs along with distracted driving, it could lead to a fatal rear-end collision. Most of these car wrecks are avoidable if truckers pay attention to their surroundings and focus on the car ahead. If a truck driver is texting, they won’t notice that the car in front of them stopped and could end up rear-ending them.
Speeding, aggressive driving, and faulty brakes could also lead to a rear-end truck accident. If the truck driver was tailgating or committed some traffic infraction, you could pursue legal action against them.
Some situations, however, occur because of the front driver’s negligence or another party entirely.
Those circumstances include the following:
- When the front motorist brakes for no valid reason in a way that is unsafe and unreasonable
- When there are three vehicles in a rear-end collision, and the third vehicle crashes into the middle car, which causes it to collide with the front vehicle
- When the driver in front makes an illegal lane change or turns into the rear driver’s path
- When the front driver doesn’t replace or repair their damaged or defective brake lights
- When the brake manufacturer created a defective product that made it difficult for a vehicle to stop
- When the front motorist taps on their brakes or stops intentionally as a form of aggressive driving
Determining fault in a rear-end collision can be difficult and confusing for any victim of an accident. Hiring a Dallas rear-end truck accident attorney from The Benton Law Firm will help you hold the negligent driver financially responsible and ensure you receive the compensation you deserve.
Injuries Caused by a Rear-End Truck Accident
Some rear-end truck accidents are minor and don’t cause any physical harm to those involved. If the truck drove slowly, the injured party who got rear-ended could walk away from the crash site with minor bruises. However, other types of rear-end accidents, especially those occurring at high rates of speed, can lead to life-threatening injuries or fatalities. The most common injuries victims of rear-end collisions sustain include the following:
- Traumatic brain injury
- Broken bones
- Lacerations or bruising
- Ejection injury when the victim doesn’t use a seatbelt
- Neck, back, and spinal cord injury
Depending on the type and severity of the injury, there could be permanent issues that require lifelong medical treatment, disfigurement, or a disability. When severe injuries happen, it leads to thousands of dollars in medical bills and significant emotional trauma.
How to Recover Compensation After Getting Injured in a Rear-End Truck Accident
You likely incurred some losses if you sustained an injury because of a rear-end truck accident. If the truck driver caused the crash, they would be financially responsible for covering your damages. Damages are the expenses and losses suffered due to an accident and injury.
The Benton Law Firm will handle each step of your insurance claim to pursue the maximum compensation available. In the state of Texas, you have three possible options to recover damages.
- Liability Insurance: The negligent trucker will likely have liability auto insurance to cover their expenses. Texas law requires anyone who owns or operates a motor vehicle to carry insurance. The bodily injury and property damage limits listed on the policy will determine how much money you can go after when you file your claim.
- UM Insurance: Uninsured motorist (UM) insurance is not a requirement, but it is optional coverage on your auto insurance policy. If you choose to have it, it can cover the expenses related to your rear-end collision if the other motorist doesn’t have liability insurance.
- Third-Party Lawsuit: If your claim gets denied or the settlement amount isn’t enough to pay for all your losses, you can sue the truck driver. Punitive damages punish the person for their negligent actions. Instead of receiving compensation from the insurance company, the at-fault party pays you directly.
When you hire The Benton Law Firm, we will begin to work on your case immediately. We’ll investigate the rear-end crash and determine who caused it. We’ll also collect relevant evidence that shows the other driver caused your injuries.
The most important evidence we’ll need to obtain includes the following:
- Police reports
- Witness statements
- Copies of auto insurance policies
- Photos of the crash scene
- Video surveillance of the accident
- Copies of your medical records and medical bills
- Vehicle repair estimates and invoices
- Any additional documentation necessary to show fault and that your injury was the result of the collision
We can file an insurance claim on your behalf and submit all necessary documents to the adjuster. When it comes time to negotiate a settlement, we’ll fight aggressively to get you the maximum compensation available. You shouldn’t have to pay for your expenses. We’ll work diligently to ensure the insurance company pays you what you deserve.
Damages You Can Recover in a Rear-End Truck Accident Case
As a rear-end truck crash victim, you can receive compensation for various damages. The damages injured parties in Texas can pursue include:
- Medical bills
- Past and future loss of income
- Physical pain and suffering
- Permanent impairment or disfigurement
- Emotional trauma
- Psychological distress
- Property damage
- Death benefits if the injured person dies as a result of the crash
Texas follows a modified comparative fault rule regarding motor vehicle accident damages. If you share 49% or higher of the blame for the crash occurring, you won’t be able to seek compensation. If you share less than 49% fault, that percentage determines your maximum compensation.
For example, if the trucker behind you crashed into the rear of your vehicle and was 80% at fault, you were 20% to blame. Your 20% could be because you were texting on your phone or merged illegally. If your damages total $100,000, you have to subtract 20%, which leaves you with a maximum of $80,000 you’re allowed to pursue.
How The Benton Law Firm Can Help You
Victims of rear-end collisions will try to file their insurance claims. How hard can it be, right? That could end up causing you additional harm. Insurance adjusters will try to exploit someone who chooses not to seek legal representation.
If the adjuster assigned to your claim discovers you didn’t hire a lawyer, they might offer a low settlement to get you to settle quickly. They could also deny your claim entirely, so you can’t receive any amount of compensation.
If you’re unfamiliar with the legal process, you won’t know how much money you’re entitled to and how to submit appropriate evidence to prove your claim. You could end up missing a strict deadline or signing forms that prevent you from seeking the maximum compensation available.
The Benton Law Firm will walk you through the claims process so you understand what your rights are. We always pursue the maximum settlement possible to cover the client’s total costs. If we believe the insurance company is mistreating you, we can file a lawsuit and will aggressively argue your case in court.
Schedule Your Free Consultation Today
If you want to discuss your accident with one of our experienced Dallas truck accident attorneys, contact The Benton Law Firm for a free consultation. There’s no risk in meeting with us and receiving the advice you need to determine your best action. We’ll review the details of your case and let you know what your options are.
Did you sustain an injury from a rear-end truck accident? If so, call us at (214) 777-7777 today to find out how we can recover the financial compensation you deserve.