Truck accidents are some of the most dangerous collisions that occur on the road. When a truck rolls over, the potential for a serious injury or even death increases. Truck drivers are entrusted with the responsibility of operating their massive vehicles safely, and when they break that trust and endanger the lives of others, they should be held responsible. The Miami truck accident attorneys at the Law Offices of Robert Dixon assist victims of rollover crashes with their legal claims. Our firm works tirelessly to make sure that victims pursue proper compensation from those responsible for their injuries.
Causes and Types of Truck Rollover Accidents
The unpredictability of a rollover accident not only causes chaos on the road but also may result in multiple injuries to drivers, pedestrians, or other travelers. Any kind of truck is susceptible to a rollover accident. Semi-trucks, dump trucks, and cement trucks all have the potential to turn on their sides in certain situations. Common events that may result in rollover accidents include trucks traveling at high rates of speed, a sudden turn or swerve that is improperly executed, over-steering, and driver fatigue.
Rollover accidents are classified into two types: tripped and untripped collisions. A tripped rollover accident occurs when a truck comes into contact with another object as it exits a roadway, such as a guardrail or curb. The force of the impact in a tripped accident is what causes the rollover to occur. An untripped accident results when a truck rolls due to a change in the vehicle’s center of gravity, such as when a truck turns too quickly or is speeding.
Rollover Truck Accidents
Because commercial trucks are made specifically for carrying heavy, massive cargo, these vehicles have a higher center of gravity, which can lead to them rolling over or tipping when involved in a collision. Rollover truck accidents can be even more dangerous than a typical collision involving a truck, which are in and of themselves some of the most devastating types of vehicle collisions. Victims injured a rollover collision with a truck often need additional financial support beyond their own insurance benefits, and they can receive that from the party or parties responsible for their harm.
Common Factors Leading to Rollover Truck Accidents
Large trucks have higher centers of gravity compared to other vehicles, which make them more likely to roll over. Tanker trucks are especially prone to tipping in an accident. Federal and state trucking regulations have stipulations that aim to prevent rollovers and other kinds of truck accidents, however, some drivers and trucking companies may fail to follow these rules, and therefore rollovers become more likely. Common factors that contribute to truck rollover accidents and that may indicate negligence include:
- Improper loading of cargo
- Speeding
- Inclement weather
- Sharp turns or driving too fast at a curve
- Unsecure cargo and freight, which leads to cargo shifting
- Tired or inattentive drivers
- Unsafe lane changing
- Inadequate truck maintenance
Any of these elements, or a combination thereof, can lead to a truck rollover accident. These accidents generally impact more victims than other crashes, as multiple vehicles can be affected, especially on a busy highway.
Liability for a Rollover Truck Accident
Various parties maybe at fault in contributing to a truck rollover accident, and a knowledgeable truck collision lawyer can help you identify them. A driver who is driving too fast for conditions, or who gets behind the wheel too tired, may cause these sorts of collisions. Additionally, those who are responsible for loading cargo properly, or maintaining the vehicle so it is safe to drive, may be held accountable. Trucking companies may also be liable for failing to adequately train drivers or others in procedures to prevent these kinds of accidents. These examples can be signs of negligence, which is the legal standard by which personal injury and wrongful death claims are evaluated. In order to prove negligence, a plaintiff must show that the defendant or defendants owed them a duty of care, breached that duty through careless actions such as fatigued driving or improper loading, and that the breach caused the accident and injuries in question. Once negligence is established, injured victims can recover compensation for their medical bills, lost income, any changes in their ability to earn a living, as well as pain and suffering damages.
If you’ve lost a loved one in a fatal truck accident, you may be able to pursue a wrongful death lawsuit in order to be compensated for burial or funeral costs, as well as loss of support. It is advisable to consult a knowledgeable attorney as soon as possible following a rollover accident, so that proper evidence can be collected and preserved. The statute of limitations in Florida for personal injury claims is four years, and families have two years from a victim’s death to file wrongful death suit, making timing vital in protecting your rights.
Establishing the Liability of a Commercial Driver or Trucking Company
If you have been hurt in a truck rollover accident, you may be able to take legal action against the driver or the trucking company that employs the driver. To show liability, a victim must establish that the defendant acted negligently. Negligence requires proof that the defendant or defendants breached an owed duty of care to the victim. All drivers owe other road users a duty to act as a reasonable person would act under the same or similar circumstances. A driver who takes a turn too quickly, or a company that fails to adequately train its drivers in such maneuvers, may be found to have breached a duty of care.
An injured victim must also show that the breach directly caused the crash and that reasonably quantifiable damages resulted. Once negligence is shown, compensation may be awarded for any medical expenses that were incurred or that will be incurred in the future, as well as a victim’s loss of income and earning capacity, pain and suffering, and property damage.
