Commercial motor vehicles are large and often top-heavy, which can increase the likelihood of a rollover. Some of the top causes of truck rollover accidents include driver error, cargo problems, and mechanical issues.
Continue reading to learn more about rollover collisions and how Fort Lauderdale truck accident lawyer with our law firm can help you pursue compensation if you suffered injuries in this type of crash.
Driver Error is the Top Cause of Truck Rollover Accidents
The Federal Motor Carrier Safety Administration (FMCSA) reports that nearly 80 percent of truck rollover accidents involve driver error. Truck driver errors that can cause a rollover include the following:
- Traveling too fast on a downhill slope
- Abrupt lane changes
- Braking or accelerating too quickly
- Turning too sharply
- Driving distracted
- Driving fatigued
- Driving while intoxicated
While the most common, driving mistakes are not the only cause of rollover truck accidents. Rollovers can also occur due to the following:
- Cargo problems. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), a fully loaded commercial vehicle can weigh more than 70,000 pounds. When a truck’s cargo is improperly loaded or secured, the shifting weight can upset the vehicle’s center of gravity, causing it to be more difficult to control and more likely to roll over.
- Truck maintenance. Blown or bald tires, faulty brakes, engine trouble, and other vehicle maintenance and auto parts issues can contribute to rollover accidents.
- Road and weather conditions. Wet or slippery roads, potholes, steep downgrades, soft shoulders, sharp curves, and poorly designed roads and intersections can increase the risk of a truck rollover crash. Drivers should take all the precautions they can to minimize the chances of accidents in these conditions.
- Collisions. When large trucks collide with fixed objects or other vehicles, the force of impact can lead to a rollover.
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Can You Pursue Truck Accident Compensation After a Rollover?
You should not have to pay for medical bills and other expenses caused by a truck driver’s negligence or the wrongful behavior of another liable party. If your rollover accident was not your fault, a personal injury lawyer with our firm can help you pursue compensation for the following economic and non-economic damages:
- Current and future medical care, including emergency transportation, emergency treatment, medical procedures, hospital and doctor fees, medical equipment, prescription drugs, physical therapy, rehabilitation, and nursing services
- Lost wages, earnings, and employment benefits, including lost future earning capacity if you sustained a catastrophic or disabling injury that interferes long-term with your work capabilities
- Vehicle damages or vehicle replacement costs
- Household services, rental car fees, and miscellaneous expenses
- Physical pain and suffering, including scarring, disfigurement, chronic pain, permanent injuries, mental anguish and emotional distress, inconvenience, loss of enjoyment, and diminished quality of life
If your loved one suffered fatal injuries in a rollover truck accident, their estate and surviving family members can pursue wrongful death damages. Awards may include medical bills, funeral and burial expenses, lost income, survivors’ mental pain and suffering, and loss of your loved one’s support, companionship, protection, and guidance.
Who Is Financially Liable for Your Rollover Collision Damages?
As mentioned, the top cause of truck rollover accidents is driver error. Under a legal principle known as vicarious liability, employers are responsible for the negligent behavior of their employees. Therefore, most truck accident claims and lawsuits are against a trucking company. Depending on the circumstances that contributed to the crash, other liable parties may include the following:
- A public or private roadway or property owner
- The company that owns the truck’s cargo
- The entity responsible for loading or packing the cargo
- The truck’s owner (if different from the driver or trucking company)
- The mechanic or entity in charge of truck maintenance and inspections
- A vehicle or auto parts manufacturer
- A third-party motorist
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Truck Accident Evidence
To win compensation for your truck accident, you must prove that the rollover resulted from another party’s careless, reckless, or wrongful behavior. You must also show that the crash caused you financial losses and pain and suffering. Evidence in a truck rollover accident case may include the following:
- Police reports
- Eyewitness accounts
- Cell phone, surveillance, or dashcam footage
- Photographs of the accident scene
- Crash debris
- The truck’s “black box” data recorder
- The truck driver’s logs
- Alcohol and drug test results
- Truck maintenance and inspection records
- Testimony from crash reconstructionists, doctors, and other relevant case experts
- Medical records
- Pay stubs, receipts, bills, estimates, and other proof of your losses
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What Is the Truck Accident Statute of Limitations in Florida?
You do not have unlimited time to pursue truck accident damages. According to Florida Statutes § 95.11, you have two years to file a personal injury or wrongful death lawsuit in civil court, starting with the date of the crash. If you miss the deadline, you likely will be unable to sue, even if you have strong proof of negligence.
Even if you feel confident you will resolve your case with an insurance claim, the statute of limitations is still important. If it expires and you have not reached an agreement with the insurance company, you will lose your legal leverage. You may end up with no compensation or a lower settlement than you deserve.
Do You Need an Injury Attorney to Handle Your Truck Rollover Case?
Truck accident cases can be complex because they often involve severe injuries and significant damages. In addition, victims often must go up against commercial trucking companies (and their lawyers). It may benefit you to work with a personal injury attorney who can protect your rights and advocate for your best interests. Our team can:
- Investigate your truck rollover accident and prove liability for your losses
- Manage case details, including communications, paperwork, and deadlines
- Aggressively negotiate for the maximum compensation possible
- Represent you at trial if necessary
- Keep you informed with frequent and timely updates
Contact Chalik & Chalik Injury Lawyers About Your Truck Rollover Accident
Many of the top causes of truck rollover accidents relate back to a liable party’s negligence actions. If you suffered injuries during a commercial vehicle accident due to an at-fault party, a truck accident attorney with our law firm can help you pursue economic justice.
Contact Chalik & Chalik Injury Lawyers today to schedule a free consultation and learn how we can represent you for nothing upfront or out of pocket.
Call or text Chalik & Chalik (855) 529-0269