Rear-End Truck Accidents in Arizona

A rear-end collision is the most common type of auto accident. Some of these crashes are minor fender benders, while others can result in catastrophic injuries and damages. Rear-end truck accidents in Arizona are more likely to be in the second category.

Commercial trucks are much bigger and much heavier than other vehicles on the road. The difference in size and weight increase the likelihood that a crash with another vehicle will be serious. Phoenix truck accident lawyers at Burg Simpson can help you hold the negligent truck driver and other parties accountable.

In most cases, the driver in the rear receives the blame for a rear-end collision. Unfortunately, trucking companies and insurers often dispute claims, turning a seemingly straightforward case into a pitched legal battle.

Rear-end truck accidents in Arizona require experienced legal representation. Call Burg Simpson at 602-777-7000 today for a FREE case review. We serve clients in Phoenix and all of Arizona.

What Is a Rear-End Truck Accident?

A rear-end truck accident occurs when the front of a semi-truck crashes into the back of another vehicle. Multiple factors determine the severity of these collisions. These include the speed at which the truck was traveling, how much weight the semi is carrying, and the size of the vehicle in front.

People may also describe a crash where a passenger vehicle strikes the back of a truck as a “rear-end truck accident.” The truck may suffer little to no damage in such a wreck, while the driver of the car may be seriously injured.

What Causes Rear-End Truck Accidents in Arizona?

Most rear-end accidents are avoidable. Truck drivers should keep a safe following distance, drive the speed limit, and adjust for conditions. Unfortunately, truck drivers may neglect these duties for a variety of reasons.

The potential causes of rear-end collisions include:

• Distracted driving: Texting, phone calls, and other distractions divert drivers’ attention from the road and the task at hand. A distracted truck driver may rear-end the vehicle in front of them, potentially causing severe or even fatal injuries.
• Truck driver fatigue: Drowsy driving is considered an epidemic in the trucking industry, fueled largely by the demands placed on truck drivers. Fatigue has similar effects to alcohol intoxication, including loss of focus and delayed recognition of hazards.
• Excess speed: Semi-trucks need more room to stop, especially when driving at speed. Excessive speed also leaves truck drivers with little time to react, which can lead to a rear-end collision.
• Following too closely: Truck drivers may follow too closely because they misjudge the distance, are in a hurry, or even because they are trying to intimidate the other driver. High speeds, reduced reaction time, and too little space between a truck and the vehicle in front is an accident waiting to happen.
• Improper merging and lane changes: Commercial drivers need to exercise caution when maneuvering their large trucks into traffic or changing lanes. Errors can cause rear-end crashes with other vehicles.
• Adverse road and weather conditions: Monsoon rains can make roads slick in and around Phoenix. Other parts of Arizona get snow and ice (such as the notorious I-40), which can make driving an 18-wheeler treacherous. Poor road conditions and diminished visibility increase the risk of rear-end collisions for all drivers, including the operators of commercial vehicles.
• Drug and alcohol use: Alcohol, certain medications, and illicit drugs can negatively impact driving performance. Just like any other motorist, truck drivers may face criminal and civil liability for intoxicated driving accidents.

It is vital to investigate rear-end collisions soon after they happen. This allows for the prompt collection of evidence, ensures that witnesses’ memories are still fresh, and provides the greatest likelihood of identifying the cause — and who is responsible.

Who Is At Fault for a Rear-End Accident?

The general rule of thumb is that a driver who hits another vehicle from behind is at fault. Arizona Revised Statutes § 28-730 states that motorists must maintain a distance that is “reasonable and prudent” based on speed and driving conditions.

However, fault can be a complex issue in truck accident claims, even in something as seemingly straightforward as a rear-end collision. Multiple parties may be at fault, including:

• The truck driver: Questions of fault generally begin with the truck driver because they were operating the rig at the time of the accident. Truck drivers may be held liable if they cause a crash by driving too fast, not paying attention to the road, tailgating, and more.
• Commercial trucking companies: Trucking companies are responsible for hiring qualified drivers, training them, and supervising their work. Claims may be brought against a trucking company if their negligence contributes to a wreck.
• Vehicle manufacturers: Defective brakes and other components can cause the truck driver to lose control and strike another vehicle. Product liability claims can be brought against the manufacturers of defective parts on the truck or trailer.
• Third-party maintenance providers: Negligent maintenance can leave the brakes, tires, and other parts more likely to fail. The truck’s maintenance records may reveal that third-party mechanics failed to detect issues and make necessary repairs.
• Other drivers: Negligence on the part of others may cause a chain reaction that can lead to a rear-end truck accident. For example, a driver may cut off the truck and cause the trucker to crash into the back of you. The driver who initially cut the truck driver off may face liability in this situation.

The driver in front may also share some of the blame, such as if they stop suddenly or fail to check their blind spots before changing lanes. Fortunately, Arizona’s comparative negligence law generally allows you to recover some compensation even if you are partly at fault for the truck accident.

Arizona has a pure comparative negligence system. It permits recovery of damages even when the claimant is partially at fault, though compensation is reduced in proportion to the degree of fault (see Arizona Revised Statutes § 12-2505).

How Is Fault Determined?

Determinations of fault are based on the evidence. The police and insurance companies will conduct investigations, but their conclusions may differ from your experience and even undermine your claim. It is in your best interest to have a rear-end truck accident lawyer in Arizona represent you.

One of the first things a skilled attorney will do is investigate and collect evidence. Evidence that can help to establish fault if a big rig truck rear ends you includes:

• The crash report
• Photographs of the accident scene
• Video footage of the accident
• Witness statements
• Electronic records from the truck
• Hours of service logs
• Inspection and maintenance reports
• Cargo and loading records
• Test results for post-accident drug and alcohol screenings

Fault is often hotly disputed in trucking accident claims. Insurers want to avoid liability so they are not on the hook for large payouts. An experienced lawyer will gather evidence to ensure that fault is assigned properly.

What If the Truck Driver Was Not Ticketed?

The truck driver may be issued a ticket if law enforcement finds evidence of a traffic violation. If federal safety regulations were violated, the Federal Motor Carrier Safety Administration (FMCSA) may open an investigation and issue fines against the truck driver and trucking company.

People often believe that the driver in the rear may not be held liable if no traffic ticket was issued. This is not the case. A driver does not have to violate traffic laws to be held responsible for an accident they cause. You need to prove negligence on the part of the defendant(s), not that any laws were broken.

What to Do After a Rear-End Truck Accident in Arizona

There are several steps you should take after being rear-ended by a semi-truck. By doing the following, you can protect yourself both physically and legally:

1. Check yourself for injuries: You need to know if you are hurt before you do anything else. Dial 911 if you or anyone else suffered injury.
2. Get out of the road: If your vehicle is still operational, you should move to the shoulder and out of the path of traffic. This minimizes the risk of a secondary crash.
3. Call the police: Law enforcement must be notified of any accident resulting in death or injury. The best time for the police to investigate is right after the collision takes place.
4. Document the scene: Take pictures of your vehicle and the truck. You should also photograph and/or make note of road conditions, signs and traffic lights, and the weather.
5. Exchange information: Ask the truck driver for their name, contact information, and insurance coverage. You should also get the name and details for their employer.
6. Talk to witnesses: Speak to witnesses at the scene and ask what they saw. Their testimony may provide support for your claim against the truck driver.
7. Get medical attention for your injuries: Victims of truck accidents often suffer serious or catastrophic injuries. These injuries need to be evaluated and treated by medical professionals ASAP.
8. Contact a Phoenix truck accident lawyer: The sooner you speak to an attorney, the sooner your rights will be protected.

Once you have legal counsel, you can focus on recovering from your injuries. Your lawyer can investigate the rear-end crash, identify the at-fault parties, calculate the damages you are due, and prepare a strong case on your behalf.

Burg Simpson Helps the Victims of Rear-End Accidents in Arizona

Rear-end collisions are extremely common. You may be entitled to compensation if you or someone you love was rear-ended by a car or truck. Burg Simpson can explore your rights and help you take legal action.

For a FREE case evaluation, call 602-777-7000 today. Our rear-end truck accident attorneys are based in Phoenix and serve clients throughout Arizona.