Resolving a Truck Rear-End Collision Successfully
Truck rear-end collisions are frequent occurrences on South Carolina roads. This is partially due to the volume of trucks and the need to deliver goods in a timely manner as well as increased highway traffic. Taken together, these elements lead to stop-and-go traffic which is at odds with the speed limits on heavily used roads.
Trucks are not built for fast maneuvering due to their weight and size. This means a stoppage up ahead might make it difficult for the trucker to stop in time to avoid a rear-end collision at highway speeds. In fact, of the 400,000 accidents involving trucks, according to the Federal Motor Car Safety Administration, 18 percent involve rear-end collisions. Let’s take a look at the problems associated with rear-end collisions and the reasons they are so deadly.
Morris Law Firm in South Carolina
Our legal team is experienced in successfully resolving truck rear-end collision cases. This type of accident is catastrophic for occupants of a passenger vehicle and their families. We believe that the victim of an accident or their family should not have to pay both the financial and physical price for another’s negligence.
That is why we send our investigators to the accident scene to determine liability, examine the truck for lack of maintenance and safe-driving precautions as our investigators gather evidence against the trucker and the trucking company.
Call the Morris Law Firm at (843) 587-1889 to schedule a free case review. Our legal team will answer your questions and give you your options moving forward. You can also reach out to us online.
Types of Truck Rear-End Collisions
There are basically two types of truck rear-end collisions. The first scenario is one where a truck hits the rear of the vehicle ahead. When this happens, the truck overrides the lead vehicle and due to its weight and size causes catastrophic injuries to passengers.
The second type involves a passenger vehicle that hits the truck from behind. In this type of accident, the smaller passenger vehicle can pass under the truck. This is referred to as an underride accident, and most of the time, the roof of the passenger vehicle is crushed or sheared off, causing serious damage or death to passengers.
Truck Bumpers and Underride Accidents
The height of the rear bumper or the side of the truck is intimately involved in an underride accident. Due to its height, the smaller vehicle can easily pass underneath. However, laws are in place to guard against this.
Since 1996, the law states that large trucks must have underride guards in place to prevent the passage of the smaller vehicle under the truck. In 1998, this law was augmented to say that trucks that weighed more than 10,000 pounds must have underride guards in the rear. The problem lies with trucks without underride guards or those with aged guards that can no longer stop a vehicle.
Liability in a Truck Rear-End Collision
The liability may be divided when a rear-end collision happens. In South Carolina, the fault of one party may not exceed that of the other. In truck rear-end accidents, it’s clear that drivers need to leave enough room ahead to be able to stop in time if a lead vehicle is slowing down. However, there are mitigating circumstances.
In some cases, the lead vehicle does not have functioning brake lights, giving the driver to the rear notification they are stopping. At night, it is difficult to see a truck ahead unless lights or reflective material around the truck is used. In these instances, the driver to the rear would be exonerated because they would have no idea the vehicle had stopped or was slowing down.
Your personal injury lawyer will be able to examine the truck to see if it has reflective tape or lights as well if the brake lights have been maintained. They will also check to see if underride guards are in use and if old guards have been replaced. Using accident reconstruction techniques, the investigators at Morris Law determine liability and collect evidence to support their client’s claim.
Turn to Morris Law in a Truck Rear-End Collision
Call Morris Law to talk to our legal team without charge to see if you can file a truck accident lawsuit. If someone died in the accident, your family will want to know if a wrongful death lawsuit can be filed. Call us at (843) 232-0944, or reach out to us online to schedule a free, no-obligation meeting.