The Myth
Ever heard the saying, “If you rear-end someone, it’s automatically your fault”? It’s a common belief, especially among truckers. Many of our members think there’s no hope if they rear-end another vehicle. But there’s more to the story.
The Facts
While it’s true that the rear-most vehicle is often blamed in a pile-up, the lead driver’s actions before the collision can be the real culprit. Understanding how the accident happened is crucial.
Did the other driver suddenly cut in front of you? When you’re behind the wheel of a heavy tractor-trailer, stopping on a dime is impossible.
This is where comparative negligence comes into play. This legal concept looks at the fault of each driver. If the driver you rear-ended did something to cause the accident, your liability might be reduced. For instance, was it dark and they had no taillights? Did their vehicle break down and they failed to move it off the road? In such cases, you might have a strong defense. You could even recover your out-of-pocket expenses and lost income.
Example
Take the case of one of our clients who rear-ended an ambulance on the interstate. The ambulance had just entered the highway and immediately moved into the far lane, dangerously close to our client. With a fully loaded tractor-trailer, our client couldn’t stop in time to avoid the sudden lane change. The ambulance’s insurance carrier accepted liability, and we successfully claimed our client’s lost income.
If you ever find yourself in a similar situation, don’t hesitate to call an attorney for a free consultation. You might have more options than you think!
The information provided on this site is general in nature and is not legal advice.
About the Author
Kelsea Eckert, a transportation attorney for owner operators and small fleets, negotiates downtime and property damage claims nationwide. She understands the challenges faced by truckers and is here to share her knowledge on pursuing compensation for all types of property damages, downtime and other out-of-pocket expenses lost after an accident. Visit her website at DowntimeClaims.com or call the office at 1-800-DOWNTIME.
