truck rollover accident

Who is Liable in a Truck Rollover Accident?

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Rollover accidents are incredibly dangerous, often resulting in severe or fatal injuries. In addition to the bodily harm they often cause, they lead to enormous amounts of property damage. Roadways, guardrails, and roads themselves can all be damaged by the weight and power of a tractor-trailer. Determining liability in a case like this is crucial for all injured parties who want to get the compensation they’re entitled to.

There are numerous parties who may be to blame for a rollover accident. Let the personal injury team at Peake & Fowler start your claim investigation. Call us at 803-788-4370 now.

Contributing Factors in Rollover Accidents

Before determining liability, it is helpful to understand the long list of factors that can contribute to these collisions. Figuring out what happened is often the first step in figuring out who’s responsible for it. Common factors in rollovers include:

  • Speeding: Rollovers become significantly more likely when a driver is speeding. When they have to turn or change lanes, the sudden motion can shift the load in the trailer and lead to a rollover.
  • Unbalanced load: Loads must adhere to the cargo securement rules of the FMCSA. An unbalanced load is at major risk of sliding or shifting during transit, causing the driver to lose control of the vehicle.
  • Fatigue: Fatigued drivers are generally less responsive than awake, alert drivers. When they do notice an obstacle, they are likely to overcorrect.
  • Poor road conditions: Poorly maintained roads can contribute to rollovers, particularly in areas with sharp curves.
  • Adverse weather: Rain, snow, and wind can all drive up the likelihood of a rollover by threatening a truck’s stability.
  • Mechanical issues: A truck’s mechanical issues, such as brake failure or a blown tire, can destabilize a truck and lead to a rollover.
  • Inexperience: Inexperienced truck drivers are more likely to panic and overcorrect when faced with an unexpected obstacle.

Potential Liable Parties

With all of these factors in mind, it’s clear that there may be several different parties at fault for a rollover accident. Your attorney will analyze the evidence from your crash to figure out who’s responsible.

In some cases, the truck driver is to blame. This is fairly common, as driver error is a leading cause of collisions. If the driver was fatigued or speeding at the time of the crash, that may make them liable. On a similar note, the trucking company may also be held liable. If an employee driver causes an accident, their employer is generally vicariously liable for their actions. However, they may also be liable if they fail to train drivers properly to avoid rollovers, do not enforce proper cargo loading standards, or send drivers out in poorly maintained trucks.

Cargo loaders often play a critical role in rollover accidents. If an investigation finds that cargo was improperly loaded or secured, you can expect the cargo loaders to come under fire for it.

What about when unsafe road conditions cause a crash? If a road is not properly maintained, the municipality may be liable for subsequent accidents. Note, though, that it is incredibly difficult to hold a government entity accountable for personal injuries. These claims follow an entirely different set of laws and standards.

Vehicle Factors

No matter how much you address the factors that contribute to rollovers, trucks will always be at a naturally greater risk than other vehicles. They have a much higher center of gravity than other vehicles, making them far more sensitive to changes in weight distribution and wind. Tractor-trailers’ tires are also under enormous pressure at all times, so they are more prone to blowouts that can lead to rollovers.

Determining Liability

Your attorney may use a wide range of resources to figure out liability. Statements from drivers and eyewitnesses can give a broad overview of what happened, and crash scene photos and video footage often give context to these statements. They may also look into the truck’s electronic logging devices to figure out what exactly happened prior to the crash. In some cases, expert testimony from an accident reconstruction expert may be necessary.

Reach Out to Peake & Fowler Today

Don’t wait any longer to start your truck accident claim. Let’s learn more about your options, come up with a plan, and demand the compensation you deserve. Get started now by calling us at 803-788-4370 or contacting our team online.