(845) 802-0047One of the most common types of motor vehicle accidents is rear-end accidents. While many types of rear-end accidents are merely bumper taps or inconsequential collisions, when you add 80,000 lbs of a semi tractor-trailer behind that impact, a weight that is 16 times more than with a smaller passenger vehicle which typically weights 5,000 lbs, there is significantly more force in the impact. This force is much more likely to result in catastrophic personal injuries or the wrongful death of a person occupying the vehicle being struck by an 18 wheeler. This is why rear-end accidents and New York trucking accidents do not mix for occupants of passenger vehicles.
Some of the most common types of injuries caused by rear-end accidents including a large commercial vehicle like an 18 wheeler, box truck, double trailer, or other big rig include the following:
- Back and neck injuries;
- Traumatic brain injuries;
- Spinal cord injuries;
- Amputations;
- Broken bones;
- Torn muscles or tendons, like rotator cuffs;
- Nerve injuries, like brachial plexus injuries;
- Wrongful death; and
- Many other types of injuries.
Proving Rear End Accidents under New York Law
When rear end accidents occur, a vehicle rear-ending the lead vehicle must establish a non-negligent excuse for the crash. This is often very hard to do, which is why the legislative preference is that the vehicle rear-ending another vehicle is at fault of the collision. The same is true when New York trucking accidents have caused a rear end accident.
Generally, this allows victims to automatically establish liability against a truck driver that rear ends their vehicle. This is because of the doctrine of negligence per se, which allows a victim to automatically hold liable the violator of a statute when the statute violated was intended to protect the victim from the harm caused to the victim. This is in addition to a common law negligence claim, wherein all motorists are required to use reasonable care under the circumstances in the use and operation of his or her motor vehicle to avoid collisions.
Common Causes of Rear End Accidents Caused by Truck Drivers
There are many common causes of New York trucking accidents which involve rear-end accidents. Almost all of these common causes are purely due to negligence, as New York statutory law and common law require other motorists to not follow too closely and to maintain a reasonably safe distance behind a vehicle ahead of him or her so as to allow sufficient time to stop or avoid a collision. Thus, when the following vehicle rear-ends another vehicle, particularly a semi tractor-trailer, it is likely that the truck driver will be found at least partially at fault.
The most common causes of New York trucking accidents which are rear-end accidents include the following:
- Truck drivers falling asleep at the wheel due to hours of service (HOS) violations or extreme fatigue;
- Drugged driving;
- Drunk driving;
- Distracted driving;
- Truck driver inexperience;
- Mechanical errors, particularly braking failures or steering failures;
- Oversized loads which are too heavy for the braking system;
- Inclement weather and following too closely;
- Speeding;
- Aggressive driving or road rage; and
- Many other causes.
Injured in a New York Trucking Accident? Was it a Rear End Accident? We Can Help You
If you were injured in a New York trucking accident which happened to be a rear end accident, please call our New York trucking accident lawyer to learn how we can protect your rights to compensation under New York law. We fight hard to ensure a better life for you after a catastrophic rear-end accident, and we will zealously represent you to establish liability and prove your damages to ensure you obtain the maximum compensation you may be entitled to for your injuries. Call us today for a FREE consultation to learn how we can start to protect you.