What Are My Rights If I Was Rear-Ended by an 18-Wheeler?

Rear-end collisions involving 18-wheelers are among the most devastating truck accidents because of the enormous force involved. A fully loaded 18-wheeler can weigh up to 80,000 pounds, roughly 20 times the weight of a passenger car. When that vehicle strikes you from behind, the injuries can be catastrophic: whiplash, herniated discs, spinal cord injuries, traumatic brain injuries, and broken bones are common.

In Texas, the driver who rear-ends another vehicle is presumed to be at fault. This is because all drivers are required to maintain a safe following distance and be able to stop in time. For 18-wheelers, stopping distances are much longer than for cars, a loaded truck at highway speed needs the length of two football fields to come to a complete stop. If the truck driver was following too closely, was distracted, fatigued, or failed to maintain their brakes, they are liable for your injuries.

Your rights after being rear-ended by an 18-wheeler include the right to pursue compensation for all medical expenses, lost wages, future medical treatment, pain and suffering, emotional distress, and vehicle replacement or repair. If the injuries are fatal, surviving family members may pursue a wrongful death claim.

It is critical to act quickly in rear-end truck accident cases. The truck's event data recorder captures speed and braking data at the time of impact, but this data can be overwritten or destroyed. An experienced attorney will immediately send a spoliation letter to the trucking company demanding preservation of all evidence.