Q Who could be liable for compensating you following a rollover truck wreck?
Whenever you must file a claim for compensation for injuries caused in a truck accident, you want to include all possible liable parties. This increases the likelihood that you'll receive the full amount you're owed.
The importance of filing a claim with all responsible parties is even more crucial in a rollover accident. You're likely to suffer catastrophic injuries in this type of wreck, making the value of your claim higher and your future needs greater.
Who Could Be Responsible in a Rollover Truck Crash?
Parties responsible for your losses caused by a big rig rollover depend on its cause. Some of the ways these wrecks occur include:
- Drowsy driving
- Taking turns too quickly
- Improperly loading of cargo
- Hitting a curb
- Truck maintenance problems or defective parts
- Distracted driving
- Road defects
Once the cause of the crash is determined, identifying who you should file a claim against becomes clearer. Here are the parties that may be potentially liable:
- Truck driver. In most cases, driver errors caused or contributed to a rollover, so the he or she would be responsible for your compensation.
- Trucking company. If the driver’s negligence caused your injuries, you may be able to hold the trucking company liable under vicarious liability. This is a legal doctrine that makes employers responsible for employee actions. In addition, if the company was also negligent—encouraging the trucker to drive more hours than allowed under federal hours of service regulations, for example—you may have a separate claim against the company.
- Shipper or loader. If cargo wasn't properly loaded or secured, and this factor contributed to the collision, you could have a claim against the shipper or other loading company responsible for loading the cargo.
- Manufacturer. Sometimes manufacturer defects in the parts of a tractor-trailer, such as brakes or tires, can cause a truck rollover. In this situation, you could have a products liability claim against the manufacturer.
- Municipality. If road defects caused or contributed to the rollover, you may have a claim against the municipality responsible for the road’s upkeep. Claims against municipalities are more complicated and have special notice requirements, so first consult with an experienced car accident attorney as soon as possible if you suspect this was the cause of your accident.
Were you or a loved one injured in a rollover truck accident? Attorney Alan Morton is here to help. To schedule your free consultation, call our office or fill out our online form.