When a tractor-trailer rollover accident happens, the consequences can be catastrophic. These massive vehicles can weigh up to 80,000+ pounds when fully loaded and are capable of causing severe damage to anything in their path.
At Berry Law, we’ve seen firsthand what happens to accident survivors when they don’t know how to handle the aftermath of a tractor-trailer rollover accident.
That’s why we’ve put together this comprehensive guide with an Omaha Truck Accident Lawyer to help survivors understand what causes truck accidents, what to do immediately after an accident, and what legal options are available if they’ve been injured.
What Causes a Tractor Trailer Rollover Accident?
Improper Loading
One of the leading causes of tractor-trailer rollover accidents is improper loading, which can cause the truck to become unbalanced and tip over. While any cargo can contribute to improper loading, some common examples include:
- Uneven distribution of weight along the length or width of the trailer
- Overloaded trailers that exceed weight limits set by federal regulations
- Unsecured or shifting cargo during transit
In these situations, the fault may lie with the trucking company or the cargo loading crew responsible for ensuring the trailer is properly loaded and secured.
Driver Error
When a driver makes an error in judgment or fails to maintain their vehicle properly, it can result in a rollover accident. Common examples of driver error that can lead to a tractor-trailer rollover include:
- Speeding or taking sharp turns too quickly
- Distracted driving, such as using a cell phone while behind the wheel
- Driver fatigue from long hours on the road without proper rest breaks
- Poor maintenance of tires or brakes, leading to equipment failure while driving
When driver error causes a rollover accident, the driver and their employer may be liable for injuries or damages sustained.
Fatigued Driving
Federal regulations cap the hours a truck driver can be on the road without rest breaks to prevent fatigued driving. Unfortunately, some trucking companies may push their drivers to exceed these limits to meet tight delivery deadlines.
Fatigued driving can significantly impair a driver’s ability to safely operate a vehicle, leading to severe accidents, including rollovers. In these cases, the driver and their employer may be held responsible for any damages or injuries caused by the accident.
Impaired Driving
Any substance, illicit or otherwise, can impair a person’s ability to safely operate a vehicle, including a commercial truck. While drunk driving is a leading cause of impaired driving, other substances that can diminish a driver’s faculties include:
- Over-the-counter medicines that cause drowsiness
- Illegal drugs or substances such as marijuana, cocaine, or methamphetamine
- Prescription medications with warning labels about operating vehicles while taking them
If a truck driver is intoxicated or impaired during an accident, they may face criminal charges and civil liability for any resulting injuries.
Negligent Driving Behavior
Whether rushing to meet a tight delivery deadline or simply not paying attention, negligent driving behavior can significantly increase the risk of a tractor-trailer rollover accident. This includes:
- Tailgating other vehicles
- Changing lanes without adequately checking blind spots
- Failing to use turn signals when merging or changing lanes
In these situations, the driver’s employer may also be held liable for any resulting damages or injuries as they are responsible for ensuring their drivers follow safe and legal driving practices.
Distracted Driving
With the rise of technology, distracted driving has become a significant contributing factor to all types of motor vehicle accidents, including tractor-trailer rollovers.
A driver’s attention can easily be diverted when using a cell phone, operating a GPS device, or changing the radio station while behind the wheel. Many activities behind the wheel can be considered distracted driving, including but not limited to:
- Texting or emailing
- Talking on the phone
- Checking social media
- Eating or drinking
- Applying makeup or grooming
- Daydreaming or not paying attention to the road
In any of these situations, if a driver’s distraction leads to an accident, they may be liable for any resulting injuries or damages.
Poor Road Conditions
Construction crews and municipalities must ensure road conditions are safe for all drivers. Unfortunately, poor road conditions can contribute to a rollover truck accident, including but not limited to:
- Potholes or uneven pavement
- Poorly marked or confusing construction zones
- Inadequate lighting or signage
- Debris on the road, such as fallen trees or rocks
In these situations, the entity responsible for maintaining safe road conditions may be liable for rollover accidents.
Where Do Rollover Truck Accidents Occur Most Often?
Highways
Rollover tractor-trailer accidents are most common on highways, especially in the Midwest. With higher speeds and multiple lanes of traffic, these accidents can be particularly dangerous for all involved.
Curves
Sharp curves or turns in the road can also increase the likelihood of a rollover accident. If a driver is not paying attention or takes a curve too quickly, the truck’s weight distribution can shift and cause it to tip over.
Intersections
Intersections are a common location for tractor-trailer rollover accidents across the United States. If a driver fails to properly navigate a turn at an intersection, they may lose control of their vehicle and cause it to roll over onto other vehicles or nearby structures.
Parking Lots
While not as frequent as on highways or intersections, rollover truck accidents can also occur in parking lots. This is often due to improper loading or unsecured cargo shifting while the truck makes tight turns within the lot.
What Injuries Do Rollover Tractor Trailer Accidents Cause?
The catastrophic injuries from a rollover truck accident are severe and can have lasting effects on a survivor’s life. Common injuries resulting from these types of accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Severe lacerations and bruises
- Internal organ damage
Often, the injuries sustained in a rollover truck accident may result in permanent disabilities or even death.
Fortunately, accident survivors or their families have the right to pursue a personal injury claim or lawsuit when the negligence of another party causes these injuries.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
What Damages Can I Recover after a Tractor Trailer Rollover Accident?
Economic Damages
With the help of an experienced truck accident lawyer, injured parties may be able to recover economic damages that include:
- Current and future medical expenses
- Lost wages and earning capacity
- Property damage, such as the cost of repairing or replacing a vehicle
- Rehabilitation costs
The value of a truck accident settlement varies depending on the injuries’ severity and impact on accident survivors.
Non-Economic Damages
In addition to economic damages, injured parties may also be able to recover non-economic damages. These include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Unlike economic damages, which have a specific monetary value, non-economic damages are more subjective and can be difficult to calculate. An experienced lawyer can help determine an appropriate amount based on the severity of the injury and its impact on daily life.
How Can a Truck Accident Lawyer Help with My Case?
Despite what the trucking company or insurance provider may say, recovering damages after a tractor-trailer rollover accident can be complicated and often requires the assistance of experienced truck accident lawyers who can:
- Collect and preserve evidence from the accident scene
- Interview witnesses and gather testimony
- Consult with experts, such as accident reconstructionists or medical professionals, to build a strong case
- Negotiate with insurance companies on behalf of the injured party to ensure maximum compensation
- Represent their client in court if necessary to pursue maximum damages
Without their assistance, navigating the complexities of a truck accident case can be overwhelming and may result in less compensation for the injured party.
Who Is at Fault in a Rollover Tractor Trailer Accident?
Determining fault in a rollover tractor-trailer accident can be complex as multiple parties are often involved. Generally, any or all of the following parties may be liable for damages in a personal injury claim:
- The truck driver: This is often the case when the driver is found negligent or engaging in reckless driving behavior.
- The trucking company: If the truck driver acted within the scope of their employment during the accident, their employer may also be held liable for any resulting damages.
- The manufacturer: In some cases, a defect in the truck itself may have contributed to the rollover accident. In these situations, the manufacturer may be held responsible for any injuries or damages caused by the defect.
- Other drivers on the road: If another driver’s actions contributed to the accident, they may be held partially responsible for any resulting damages.
- The city or government: If poor Road conditions or inadequate signage contributed to the accident, the city or government entity responsible for maintaining safe roads may be held liable.
The complicated nature of determining fault is best left to an experienced truck accident lawyer who can thoroughly investigate the accident and determine all responsible parties.
What Should I Do after Being Injured in a Rollover Truck Accident?
Contact a truck accident lawyer as soon as possible.
There are specific filing criteria to successfully recover maximum compensation for injuries sustained in a truck accident. While this can be two to four years in states such as Iowa and Nebraska, respectively, that time can fly by while trying to recover from catastrophic injuries.
Failure to keep track of time and file a claim within the appropriate time frame can result in being ineligible for recovering any damages. The sooner a lawyer is contacted, the sooner they can begin to file the necessary paperwork and build a strong case.
Seek further medical attention.
It is essential not to rely solely on the diagnosis or treatment of Emergency Medical Services at the accident scene. Many injuries, such as TBIs, may not present immediate side effects but can lead to life-altering symptoms.
Seeking further medical attention can provide a more accurate diagnosis, better document potential life-long medical issues, and help determine the extent of damages to pursue.
Avoid direct communication with the parties involved.
It is essential to avoid direct communication with the parties involved, especially insurance or trucking company representatives. These individuals may use any statements made by the injured party against them to diminish their claim or deny liability altogether.
Additionally, it is crucial to avoid signing any documents without first consulting with a lawyer, as they may contain fine print that can negatively impact a personal injury case.
Don’t post on social media.
While posting about the accident or injuries on social media may be tempting, it is best to avoid doing so. Insurance companies and defense attorneys often use social media posts as evidence to discredit a personal injury claim.
Additionally, if passengers were in the vehicle, it is essential to advise them not to post about the accident on social media.
Injured in a Rollover Tractor Trailer Accident? Trust Berry Law to Help Recover Maximum Compensation
The devastation of a rollover truck accident isn’t something injured parties should handle on their own.
With the potential for lifelong injuries and mounting medical expenses, seeking legal representation from Berry Law can make all the difference in recovering maximum compensation.
Learn more about how our award-winning personal injury law firm can help hold responsible parties accountable by scheduling a free consultation with our compassionate truck accident lawyers.
