Whether you can sue for a rear-end truck collision may depend on a few different factors, such as who was at fault and whether you suffered injuries or vehicle damage.
In general, if another vehicle struck the rear end of your vehicle, you may be able to file a personal injury insurance claim or lawsuit against the rear vehicle’s driver.
Before filing your injury claim, it may be helpful to understand the factors that make you eligible to file.
Understanding When You Can Sue for a Rear-End Truck Collision
Truck drivers are often contractors, meaning they are not employed by the companies for which they drive.
However, this does not mean the trucker cannot be held liable for damages if they hit you with their truck. The following factors may put you in a position to seek compensation after a rear-end truck collision:
If the Rear Driver Was At Fault
Typically, in rear-end collisions, the rear driver is considered at fault. In some instances, you may be considered partly at fault.
These instances could include:
- Reckless driving
- Texting while driving/ distracted driving
- Driving under the influence of drugs or alcohol (DUI/DWI)
In Louisiana, reckless driving is defined as operating the vehicle in a reckless or negligent manner, according to RS 14:99. Examples include speeding or darting in and out of traffic.
If You Suffered Injuries or Vehicle Damage
If a truck driver rear-ends your car, and you are injured as a result, or your vehicle is damaged, you may be eligible to file a claim for compensation.
All drivers in Louisiana are required to carry minimum liability coverage and bodily injury protection, per the Louisiana Department of Insurance (LDI).
Truck drivers may be required to carry commercial insurance, and they may also be covered through the trucking company.
For a free legal consultation, call (337) 777-7777
Liability in a Rear-End Truck Collision
Liability in a rear-end truck collision may be complex, as multiple parties may be held liable rather than just one party.
Multiple Parties May Be Held Liable
Depending on whether a truck driver is a contractual worker or an employee of the trucking company, both the driver and the trucking company may be held liable for a rear-end collision.
Understanding Who Will Pay Damages
Who will pay out your claim may be handled as follows:
- If the truck driver is a contractor, your claim will be handled by the trucker’s insurance.
- If the truck driver is an employee, your claim may be handled by the trucker’s insurance, and only by the trucking company’s insurance if the driver’s insurance rejects the claim; or
- If your injuries or vehicle damage exceeds the trucker’s insurance coverage limits, the trucking company insurance will have to pay for your damages.
Steps to Take to Sue for a Rear-End Collision
When you are ready to sue for a rear-end truck collision, it may help to get yourself organized and take some necessary steps before filing your case, such as the following:
Gather Medical Records, Receipts, and Other Documentation
Should you decide to pursue a lawsuit or personal injury claim, you will need to submit the claim with all the proper documentation.
This could include:
- Medical records and receipts
- Receipts to show other damages or ways the rear-end collision has impacted your life
- A copy of the police report
- Statements from any witnesses to the collision
- Photos of the scene
File a Personal Injury Claim
A personal injury claim precedes a lawsuit—if your claim does not reach a settlement, then you can pursue a lawsuit against the liable parties. Many truck accident claims settle before reaching trial level.
If you are not offered a settlement that works for you, working with a truck accident lawyer could help you fight for adequate compensation.
Consider Working with a Truck Accident Lawyer on Your Case
A lawyer from our firm can provide many benefits to you throughout the claim-filing process.
Some advantages of working with a truck accident lawyer include:
- Having someone to handle interactions and negotiations with the insurance companies
- Constant access to legal advice and support
- Staying updated on the progress of your injury claim
- Knowledge and experience on your side
- Having legal representation that protects your rights
Learn More About When You Can Sue for a Rear-End Truck Collision
Suing for a rear-end truck collision may not be an easy task, which is why you may want to consider working with a truck accident lawyer.
At Laborde Earles Injury Lawyers, we have more than 100 years of combined experience with proven case results, including a $ 2.7 million settlement for an 18-wheeler accident victim.
Reach out to us today at (337) 777-7777 to learn how we can help you after a rear-end truck collision.