Wrongful Death Claim in Rear-End Truck Accident Based on Taillight Visibility
Taillight visibility is often an issue of dispute in truck accident claims when failure to maintain the truck is alleged. Often, when a motor vehicle is hit from behind, the vehicle that rear-ended the automobile in front of it will be held liable.
Typically courts will find rear-ending driver failed to keep a proper distance between the car in front of it or that the car failed to maintain a reasonable and cautious speed that would allow for safe immediate stops. However, if a car rear-ends a vehicle and causes a truck accident because the leading car’s taillights were not visible, the car that would typically be “at-fault” may be able to file suit against the leading car’s driver for failure to maintain the taillights. We do not see many of these Missouri truck accident cases.
A case that establishes the above rationale was litigated in Louisiana courts. In this case the parents of a deceased minor brought a wrongful death claim against the driver of a large truck that was hit in the rear by the minor. Here, the truck driver was waiting to make a left turn in the lane when the minor collided into the rear of the truck.
The minor was killed in the large truck crash. Although in most cases the minor would be found liable for rear-ending the truck, here, the truck driver stopped in a travelled portion of the highway to turn and did not have visible taillights or other visible warning lights to signal a turn. The court held that because of the lack of visible taillights, the decedent minor was not negligent in failing to observe the truck.
The defendant truck owner in this case testified that he observed the truck as its driver left that morning and that all lights on the truck were operating properly. The defendant's mechanic also testified that he did some work on the truck's lights a few days prior to the truck accident and that all lights were working properly at that time.
However, investigating officers testified that the truck's taillights were not operating after the accident even though it was not broken or apparently damaged by the force and impact. Furthermore, after the fatal truck accident the truck's turn signals did not operate either. Photographs were taken by one of the investigating officers and indicated that the defendant's truck was quite dirty and that its taillight was covered with dirt or dried mud.
The court found that this evidence was sufficient to establish the failure of the defendant's truck to have a red light visible for a distance of 500 feet to the rear of the vehicle. Further, this is required by statute and the Court found this was the cause of the collision. The minor’s parents won a judgment in the wrongful death claim.
In this case, the court also set out the following facts and circumstances as elements that tend to establish a vehicle operated on a public highway with defective taillights:
- Presence of dirt on the taillight lens and rear reflector
- Citation of vehicle's driver for violation of statute
- Absence of proper taillights and rear reflector as proximate cause of collision.
Missouri Large truck accidents injure and even kill thousands of individuals every year. As a Missouri truck accident lawyer, I aggressively represent clients injured in large truck accidents. I am more than willing to discuss your case with you and offer free consultations to do so.
This case shows the necessity and importance of speaking with a skilled truck accident attorney. As stated, most rear-end automobile accidents are the rear-ending vehicle’s fault. An experienced Missouri personal injury lawyer will be able to look for exceptions to the rule. If you don’t speak with an attorney about your case, you will simply not be aware of all of your legal rights or the legal exceptions that may apply to your situation.
Call me for a free consultation to learn about your legal options. You pay nothing unless you recover. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com, for more information. I look forward to speaking with you.
