Semi-Truck Rear-Ends Stalled Car: Understanding Liability and Legal Options

A tragic accident occurred on the eastbound 91 Freeway near Shoemaker Boulevard when a semi-truck collided with a stalled car, killing the car’s driver almost instantly. The crash left the truck partially overturned, and investigators spent several hours at the scene searching for clues. At the time, authorities did not anticipate filing charges in the case.

This incident highlights the complexities involved in rear-end collision claims, especially when large trucks are involved. Below, we delve into the evidence needed to establish fault and the potential defences in such cases.

Gathering Evidence in Rear-End Collision Cases

While emergency responders occasionally issue citations following rear-end crashes, many such incidents are treated as civil disputes. This means the burden often falls on personal injury attorneys to gather additional evidence to prove negligence.

Key Evidence to Consider:

• Speed Analysis: Examining the speed of the truck at the time of impact compared to its speed before the collision can indicate the effort, if any, the driver made to avoid the crash.
• Brake Application and Steering Angle: These factors shed light on whether the driver attempted to prevent the accident.
• Event Data Recorder (EDR): Often referred to as a vehicle’s “black box,” an EDR automatically captures critical data such as speed, brake application, and steering input. This information is crucial in negligence claims.

Challenges with Event Data Recorders

While EDRs are vital, they present practical and legal challenges.

• Technical Complexity: Accessing EDR data requires sophisticated tools and expertise, particularly for large truck EDRs designed to withstand catastrophic impacts.
• Privacy Concerns: California’s strong vehicle information privacy laws require attorneys to obtain a court order before accessing EDR data. Judges typically only grant these orders if the attorney demonstrates that the data is critical to the case.

Contributory Negligence as a Defense

In rear-end crashes, the negligent driver is usually held fully responsible. Drivers have a duty of care to be aware of everyday hazards, such as stalled vehicles, and take reasonable steps to avoid them.

However, the defense of contributory negligence may arise in certain situations. For instance:

• Improper Positioning of Disabled Vehicles: If a disabled vehicle remains partially in a traffic lane rather than being moved to the shoulder, the disabled driver may share some responsibility for the crash.
• Pure Comparative Fault: Under California’s pure comparative fault system, fault is divided proportionally between the parties involved. Even if the victim is found to be partially at fault (e.g., 20%), they can still recover damages for the percentage of fault attributed to the other party (e.g., 80%).

Compensation for Rear-End Collision Victims

Victims of rear-end collisions may be entitled to compensation for:

• Economic Losses: Medical bills, property damage, and lost income.
• Non-Economic Losses: Pain and suffering, emotional distress, and reduced quality of life.

Given the severity of injuries often sustained in such crashes, securing fair compensation is essential to cover both immediate and long-term costs.

Contact the Law Offices of Eslamboly Hakim

If you or a loved one has been injured in a rear-end collision, seeking legal guidance is crucial. For a free consultation with an experienced personal injury attorney in Los Angeles, contact the Law Offices of Eslamboly Hakim. Our team can connect you with medical professionals and provide legal representation, even if you don’t have insurance or upfront funds. Let us help you pursue the justice and compensation you deserve.