How Fault is Determined in a Rear-End Truck Accident
A rear-end accident occurs when a vehicle hits the vehicle in front of it, and these accidents are exceedingly common. If one car crashes into the back of another vehicle, the driver of the first car will most likely be found at fault for the crash. However, there may be situations when the hit driver is partially to blame. Though most may think that fault in rear-end collisions is cut and dry, some states assign partial fault, including Arizona. In these situations, the lead driver may take partial fault for a rear-end accident.
Blame in a rear-end collision can be a complex issue, so addressing the case with a professional lawyer is a good idea. If you’ve sustained injuries in an accident in Arizona, call our Phoenix accident attorneys at ELG. Our team of injury lawyers in Arizona is here to help with a free consultation today.
How Do You Determine Fault in Rear-End Crashes?
Rear-end accidents are one of the most common types of car accidents in Arizona. Some of the main reasons for these crashes are heavy traffic and distracted driving. Distracted, impaired, or negligent drivers are more likely to hit the vehicle in front of them.
In most rear-end accident cases, the driver who rear-ended another car is held liable for the damages. This is usually what happens if a driver hits a stationary car stopped at a red light, in a line of traffic, or at a stop sign. The lead driver did nothing wrong to cause the accident and was following the rules of the road.
Typically, when another driver hits your vehicle from behind, they don’t have a strong argument for avoiding fault. This is especially true if their vehicle has front-end damage and yours has sustained rear-end damage.
Lead Truck Drivers and Fault in Rear-End Crashes
However, there are situations where the lead driver can be held partly responsible for the rear-end accident. For example, the accident victim could potentially be held partially responsible if they suddenly put the car in reverse or failed to use hazard lights if they were broken down. Furthermore, authorities could hold the lead driver responsible if they stopped for no reason or drove erratically. Lead drivers who stop to make a turn but don’t turn or have faulty brake lights can also hold partial fault. This is especially true if the lead driver in a rear-end crash is a commercial truck driver. Oftentimes, a commercial truck driver is held to a higher safety standard by both their company and the law.
If authorities do assign blame to a lead truck driver in a rear-end accident, the court will determine the percentage of fault. For instance, if your claim is $5,000 and you were deemed 30% responsible, you would only receive 70% of the claim, or $3,500. This is an example of how comparative negligence in Arizona may be applied to your rear-end collision, including a collision with a commercial truck.
Contact a Truck Accident Lawyer in Phoenix
Drive defensively on the road and keep this information in mind to decrease your chances of a rear-end crash. However, if you sustain injuries in a wreck, contact your accident attorney as soon as possible. Your lawyer can work as your liaison with insurance companies. Plus, a skilled attorney can help you organize the facts of your case, making the process hassle-free. Even if you believe you are at fault after a crash, you should still reach out to a lawyer.
If you’ve been injured in a wreck with a commercial truck, contact our Phoenix truck accident lawyers at ELG today. Call us at (623) 877-3600 for a free initial consultation.