Large truck rollovers are relatively infrequent. The Federal Motor Carrier Safety Administration (FMCSA) estimates that approximately nine percent of all truck accidents are rollovers. But when they occur they can be deadly or cause serious injuries.
If you suffered injuries in a truck rollover accident, you are likely eligible for compensation for your damages. Recovering damages requires proving who is at fault for the crash and which parties are liable for your damages. Below is an overview of the potential causes of these accidents and liability for them.
Possible Causes of a Truck Rollover Accident
A large truck may be at risk of a rollover when making a turn or rounding a curve, especially when performing the maneuver unsafely. When turning or taking a curve, the truck may lean in the opposite direction. That increases the risk of a rollover accident. But other events or negligence can increase the risk of an accident too.
In 2002, the FMCSA conducted a study that probed the causes of accidents involving large commercial trucks. The Large Truck Crash Causation Study investigated 239 accidents, involving a truck rollover.
An in-depth analysis revealed that the following are common causes of or contributing factors to rollover accidents.
- Failure by the driver to adjust truck speed to curves
- Load shifts or imbalances
- Malfunctioning brakes
- Distractions while driving
- Drowsy or fatigued driving
- Over-steering (such as around a curve)
- Not steering enough to maintain the lane
- Overcorrecting requiring counter-steering to stay on the road
- Failing to account for load weight
When the truck flips over because of any of these causes, motorists in the vicinity are at severe risk of losing control of their own vehicles. When the truck rollover involves a truck carrying hazardous materials, there is also an additional risk of an environmental hazard, which places motorists in the vicinity at risk of toxic exposure. If you suffered injuries in a truck accident, speak to a lawyer to discuss your claim for compensation and the damages that you can claim.
You could qualify for damages that include the following.
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of quality of life
Who is liable for damages in a truck rollover accident?
A lawyer will conduct investigations to identify the parties that are liable for your damages in your truck accident claim. The driver is typically liable for damages you suffered in the accident. However, in several cases, the trucking company is also liable for damages in your accident. The company may be vicariously liable for its employee’s actions, or it may be directly liable in some cases.
For instance, if the trucking company failed to hire qualified or trained drivers, failed to take essential steps to prevent drowsy driving, or failed to maintain the truck, the company may be directly liable if these factors contributed to the accident.
Other liable parties can include any repair and maintenance companies responsible for the maintenance of the truck. A party that loaded the truck improperly – such as to create imbalance that leads to a rollover – may be liable as well. It’s important to review liability with your attorney to identify the parties that may be responsible for your damages.
Injured in a trucking accident in Tacoma? Speak to a lawyer today!
To identify the parties liable in a trucking accident and to file your claim for damages, speak with an attorney at Max Meyers Law. Call to set up your consultation to review your case and discuss liability. You can also fill out our online contact form to schedule your appointment.