Carlsbad Rear-End Truck Accident Lawyer
One of the most horrific collisions to be involved in is a Carlsbad rear-end truck accident. The outcome is often catastrophic and may also result in death. Drivers in this area are familiar with commuting to work and home while driving beside big rigs and other heavy commercial vehicles.
What may also happen is that not only can a big rig rear-end a passenger vehicle, but a passenger vehicle can rear-end a truck. The outcome in both instances can be fatal or leave a survivor severely injured, with ongoing medical problems, meaning they often cannot return to work. Accident survivors need to know what is going to happen next, how they are going to pay their medical bills, and if they are able to recover compensation to take care of the future.
Being involved in a rear-end truck accident and surviving the crash presents unique challenges, and The Levinson Law Group knows only too well that you need support, straightforward answers to all your questions, and the security in knowing your future is looked after.
How rear-end truck accidents happen
A Carlsbad rear-end truck accident is far more common that we would like to think. In fact, the National Highway Traffic Safety Administration (NHTSA) says big rigs are three times more likely to be hit from behind compared to passenger vehicles. This is referred to as an underride and the outcome for the motor vehicle driver, and passengers can be fatal. Additionally, when an 18-wheeler hits a passenger vehicle from behind, the force of the impact is devastating, since the rig can weigh up to 80,000 pounds if fully loaded.
The most common reasons for rear-end truck accidents include:
- Speeding – a big rig cannot stop quickly due to its size and weight. If the truck is going over the speed limit and there are vehicles stopped in front of them, the truck rear-ends them, causing a chain reaction of horrific collisions. Speeding may also be the reason why a passenger vehicle slams into the backend of a big rig.
- Defective/damaged brake lights – if the brake lights are not working, the chances of an accident go up exponentially. This can apply to a situation where a trucker is coming up behind a passenger vehicle and the brake lights are not on, as well as a motor vehicle coming up behind an 18-wheeler whose brake lights are not working.
- Improperly working brakes – when the brakes are not working properly for a passenger vehicle or a big rig, or the maintenance crew/mechanic overlooked the issue, the outcome could be a catastrophic accident.
- Not using hazard lights while pulled over – a truck or passenger vehicle that is pulled over at the side of the road, needs to use hazard lights, or they are invisible to other drivers.
- DUI/DWI – impaired drivers do not have good judgment and may not realize traffic has stopped, miss construction signs, or not realize the vehicle in front of them is not moving. Chain rear-end crashes are often the result.
- Changing lanes while unsafe to do so – truckers and passenger vehicles must signal before changing lanes. A sudden change can cause a rear-end crash.
Carlsbad rear-end truck accident injuries are often severe
Injuries sustained after a rear-end accident involving a truck can be horrific if not fatal. The reasons for the more severe injuries relates to the nature of driving a big commercial truck.
Those more serious injuries relate to the fact that an 80,000-pound truck rear-ending a 3,000-pound car causes extreme damage to those in the vehicle and the vehicle itself. Additionally, if you have been rear-ended by a large truck the impact sends you into the car ahead of you or into the part of another vehicle. If the truck was speeding prior to impact, the force of the crash, because they cannot break instantly, is disastrous.
There are a number of common injuries that occur in a Carlsbad rear-end truck accident. They include:
- Whiplash and other neck injuries
- Broken ribs, arms, and legs
- Broken pelvis and shoulder
- Concussions, and traumatic brain injuries
- Joint injuries from hitting the dashboard
- Disfigurement from broken windshield glass
- Spinal cord injuries that may cause paralysis
- Damages internal organs
- Internal bleeding
- Crush injuries
- Eye injuries
- Loss of hearing due to deploying airbags
- Damage to various nerves
- Torn, ripped, strained ligaments
- Shredded, torn, strained muscles bodywide
About liability in a Carlsbad rear-end truck accident
There are potentially multiple negligent individuals or entities in a truck accident case. They can include maintenance crews, the trucker, the truck’s owner, the trucking company, the manufacturer of the truck, the owner of the trailer, the owner of the load on the trailer, and the driver or drivers of passenger vehicles.
The number of potential defendants in a rear-end truck accident are numerous and for this reason, the Levinson Law Group closely examines the causes of the accident to determine whether or not the crash was caused by a negligent driver, whether he or she was negligently hired, whether the driver was DWI/DUI, and was the truck pulled over with hazards on or other warnings visible.
Also on the list of items your attorney checks are whether the brakes were faulty or was there a manufacturing defect or maintenance oversight. Your attorney also finds out whether the driver was working longer than the rules allowed and whether or not the truck was speeding.
We also examine any training records for the trucker involved in a Carlsbad rear-end truck accident, check the trucker’s daily trip logs, inspect the maintenance records, collect statements from witnesses, gather pictures of the accident scene, find surveillance footage, if available, and track down a copy of the police report.
California is a comparative fault state
Comparative fault means that even if you were partially responsible for the crash, you may still be able to recover compensation. There is modified comparative negligence and pure comparative negligence in California.
Modified comparative negligence means that a plaintiff can only recover compensation if they are not more than 51 percent at fault for the crash. Pure comparative negligence means a plaintiff can recover compensation even if they were 99 percent responsible for the wreck. The plaintiff’s compensation is reduced according to their percentage of fault.
In a California truck accident, the pure comparative negligence rule applies. The Levison Law Group knows how to handle insurance companies trying to blame you for an accident.
Contact the Levinson Law Group Today
If you or a loved one were involved in a Carlsbad rear-end truck accident, reach out to the Levinson Law Group attorneys right away. At the Levinson Law Group, our dedicated team of Carlsbad rear-ends truck accident lawyers is here to help.
If you have questions about the recovery process, we can answer them. If you are not sure you want to bring a case against the other driver, we will not pressure you. We only want to make sure that you are informed so you may make the best decision for yourself and your family.
When you decide to work with the Levinson Law Group, rest assured you have someone in your corner throughout the entire process. To learn more about your options, call the Levinson Law Group at 760-512-8088. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.