What Your Lawyer Can Do for You After a Truck Rollover Crash
November 17, 2021 | Truck Accidents
Truck rollover accidents can happen on any roadway, but they are prevalent on interstate highways that have multiple travel lanes. These large vehicles are often top-heavy, and if they are moving too fast and/or if the brakes give out, the truck can roll over in the middle of a roadway or intersection, leading to a massive pile-up of several motor vehicles.
In many instances, truck rollover accidents are the result of truck driver negligence. At other times, the trucking companies that employ these drivers can be fully or partially to blame for the accident.
If you or a person you love has suffered one or more injuries in a truck rollover accident, you might be entitled to pursue and recover monetary compensation for all of these accident-related injuries. In addition to seeking immediate medical treatment at a hospital emergency room or urgent care center following a truck rollover accident, speak with a knowledgeable and experienced truck accident lawyer right away.
Your lawyer will investigate the circumstances leading up to your accident and find out exactly how it occurred. Your attorney can then pursue a claim against the driver who was at fault and/or the employer trucking company’s insurer. You can rest assured that your attorney will zealously advocate for your legal interests and pursue the compensation that you need through a settlement, favorable jury verdict, or binding arbitration award.
What Happens When a Truck or Tractor-trailer Rolls Over?
When a truck overturns in the middle of a roadway or traffic intersection, it can lead to a series of separate motor vehicle collisions. Other oncoming vehicles, for example, might not stop in time and make contact with the tractor-trailer that has rolled over on the roadway. This is especially common in cases where traffic is heavy and vehicles are moving at high rates of speed.
Moreover, when a large truck or tractor-trailer overturns in the middle of the roadway, the rollover itself might cause the truck to collide with another motor vehicle, such as a passenger vehicle. When this happens, it is almost always the individuals in the passenger vehicle who suffer the more severe injuries in the accident.
In addition, truck rollover accidents can lead to fires, explosions, and chemical spills, depending upon the specific cargo that the truck or a tractor-trailer is carrying at the time of the accident. This can result in burn injuries and other severe injuries to affected accident victims.
If you have suffered an injury in a truck rollover accident, you are not alone. A knowledgeable truck accident attorney in your area will assess the situation and determine your eligibility for pursuing monetary compensation and damages in your truck accident case.
Typical Reasons for Truck Rollover Accidents
Truck rollover accidents can occur for a variety of reasons, but in many instances, these accidents happen because truck drivers and the trucking companies that employ them are negligent under the circumstances. Large trucks and tractor-trailers are oftentimes top-heavy, and when they are not controlled or maneuvered correctly, they can overturn or roll over in the middle of a roadway or traffic intersection.
One of the most common causes of truck rollover accidents is excessive speeding. When the operator of a large truck or tractor-trailer drives too fast for the traffic conditions or weather conditions, he or she might lose control over the vehicle, leading to a rollover. This is especially true if the truck driver is speeding while going downhill.
Truck drivers are also responsible for following all traffic laws and safety regulations. When a truck driver violates a road rule, and this violation leads to a truck rollover accident, then he or she can be deemed responsible for any injuries that result to accident victims.
Truck rollover accidents can also occur when truck braking and steering systems are not properly working. When a truck or tractor-trailer’s braking system malfunctions, the driver may lose control of the vehicle, preventing it from stopping in time before rolling over. A loss of brakes can cause the truck to collide with a stationary object in the roadway, bringing about the rollover.
When defective braking or steering mechanisms on the truck cause a truck rollover accident, the driver, in addition to a repair facility or parts manufacturer, can be fully or partially to blame for the accident.
For example, suppose a mechanic had recently repaired the truck’s brakes. In that case, your lawyer might demonstrate that the mechanic did not repair the brakes in a workmanlike or proper manner. Similarly, the accident victim might show that there was a defect in the manufacturing or design process related to the braking system or steering mechanism on the truck or trailer.
In addition, truck rollover accidents can happen when drivers do not abide by state and federal motor carrier regulations. Those regulations establish load limits for cargo carried on a tractor-trailer. They also establish guidelines for adequately securing cargo to a trailer. When cargo is not loaded correctly or secured to a trailer, the vehicle can become top-heavy or may not be appropriately balanced.
Either of these can lead to a truck rollover accident on a highway or road. Both truck drivers and trucking companies are responsible for ensuring that load limits, weight limits, and other state/federal motor carrier regulations are adhered to. When an investigator can attribute an accident to a violation of regulations, both the truck driver and the trucking company that employs the driver can be at fault for any injuries.
If you or someone you care about has suffered injuries in a truck rollover accident that resulted from a person or entity’s negligence, you might be eligible to file a claim or lawsuit in your case. A knowledgeable truck accident attorney can determine the cause of your accident and can retain the services of an investigator or accident reconstructionist if necessary.
Your attorney may also speak to witnesses who were present at the time, including other drivers who might have been at the scene when the accident occurred. Your attorney can then pursue a claim with the appropriate insurance company and fight for your right to recover compensation for the injuries you suffered in your truck rollover accident.
Common Injuries Suffered in Truck Rollover Accidents
Victims of truck rollover accidents can suffer severe and debilitating injuries requiring significant medical treatment and rehabilitation following the accident. When a motor vehicle driver cannot stop and collides with a truck or tractor-trailer that has rolled over in the middle of the roadway, the accident victim’s body can be thrown around and about the interior of his or her vehicle and can suffer severe injuries as a result.
In addition, the accident victim’s body might strike something in the vehicle, such as the headrest, front console, steering wheel, window, or door, leading to severe injuries. Common injuries that occur in truck rollover accidents include soft tissue injuries, broken bones, traumatic head injuries, spinal cord injuries, and cuts/abrasions. Some truck rollover accidents can even be fatal for some or all of the involved accident victims.
If you have suffered an injury in a truck rollover accident that occurred because of another person or entity’s negligence, you should seek immediate medical care and treatment as soon as you possibly can. Ideally, you should follow up at an urgent care center or hospital emergency room on the same date that your accident occurred.
While you are at the emergency facility, you can get checked out, and a doctor or nurse can order the necessary imaging studies, including MRIs, CAT scans, and X-rays, to ascertain your physical condition and determine the extent of your injuries. Your doctor can also make recommendations for follow-up medical treatment after you leave the hospital or urgent care center.
In addition to this initial medical treatment, you should be sure to follow through with all of the doctor or nurse’s treatment recommendations. For example, you might need treatment from a medical specialist, such as an orthopedic doctor, and/or you may need to attend physical therapy sessions to fully recover from your truck accident and Injuries. You must treat continuously for your injuries and attend all scheduled medical appointments.
You should also avoid any lengthy gaps in your medical treatment. Otherwise, the insurance company handling your claim will assume that you did not injure yourself in the accident all that seriously. Moreover, you should continue treating at a medical facility until the facility formally discharges you on paper. That way, you can demonstrate to the insurance company that you are taking your medical treatment and injuries seriously.
If you have suffered injuries in a truck accident, seeking the medical care and treatment you need is one of the most important steps you can take in your truck accident case. While you are treating for your accident-related injuries, your attorney can begin gathering up all of your medical records and bills, along with other documentation that is pertinent to your case.
Once you complete all of your medical treatment, your attorney can submit a demand package to the insurance company and work to obtain a favorable settlement offer on your behalf. If the insurance company does not want to settle your case favorably, you have the option of litigating it in the state court system.
Potential Damages in Truck Rollover Accident Cases
Suppose you have suffered an injury in a truck rollover accident. In that case, your lawyer will do everything possible to get you compensated for the injuries you suffered in your accident. There are several types of damages that you might pursue, depending upon the nature and extent of your injuries. Generally speaking, the more extensive and expensive your medical treatment following a truck rollover accident, the more damages that you will be entitled to recover for those injuries as part of your truck accident case.
Suppose you have suffered an injury in a truck rollover accident. In that case, you can first seek monetary compensation for all of your medical expenses, along with any wages that you lost from not working following your accident. For example, you might have needed to attend medical and physical therapy appointments, or you may have been in too much pain to work at your job. You can also pursue any other out-of-pocket costs that you incurred as a result of the accident and your injuries.
In addition to these economic damages, you can pursue a variety of non-economic damages depending upon the circumstances of your truck rollover accident. First, you can pursue compensation for pain and suffering. You can also recover damages for emotional distress, mental anguish, and loss of enjoyment of life. If you had to switch careers or accept a lower rate of pay because you cannot continue with your pre-accident job, you might assert a claim for loss of earning capacity.
The right truck accident attorney in your area will determine which of these damages you might be eligible to recover. Your attorney can then zealously advocate for your legal interests at the settlement negotiation table or in the courtroom and pursue maximum compensation for your accident-related injuries.
Do You Really Need a Truck Accident Lawyer?
It might be pretty obvious to you that a truck driver or trucking company was to blame for a truck rollover crash. If this is the case, why do you need to call a truck accident attorney? The insurance process should be fairly straightforward, right?
Unfortunately, even in obvious cases, the insurance process might not be fair or straightforward. You cannot simply tell the insurance companies what you think and expect to receive a check, as they will expect sufficient evidence to back up your claims. The trucking company will work to avoid liability, so you need a legal advocate to help you prove liability.
Trucking cases can prove complicated, no matter how the accident happened. The help of the right truck accident lawyer is always essential.