Charlotte Personal Injury Attorney Matt Arnold answers the question: “May I choose my own doctor in a personal injury case?”
When a large truck performs a quick maneuver such as a lane change or turn, the momentum force may cause the trailer to overturn, resulting in a rollover accident.
Rollover truck accidents are quite deadly, as nearly half of truck crash-related fatalities occur in accidents involving an overturned large truck. The likelihood of a rollover crash increases in poor weather conditions, when the vehicle is overloaded or improperly maintained, or when the trailer is off-balance.
If a truck driver’s negligence led to a rollover crash, in which another party was injured, the trucker and the trucking company couldn’t be held responsible for the injured party’s losses.
Here at Arnold & Smith, PLLC, our experienced Charlotte personal injury attorneys can provide you with legal assistance if you suffered an injury in a motor vehicle accident. Our knowledgeable lawyers can investigate the cause of the rollover collision to determine fault and pursue appropriate compensation.
Large trucks can weigh up to 40 tons. When one of these massive trucks tips over in the middle of the highway, the consequences can be deadly and catastrophic. One such crash has recently occurred near Interstate 485 and Lawyers Road (Exit 47) in Charlotte, North Carolina.
According to WBTV, three people were injured in the accident involving an overturned utility truck. The rollover crash occurred on the afternoon of August 26. One of the victims suffered severe injuries, while the other two were taken to the hospital with non-life-threatening injuries.
The cause of the rollover accident was not reported at the time of publication. So, what causes tractor-trailers to tip over?
What Causes Rollover Truck Accidents?
While it might seem that poor road conditions are the main culprit in most rollover crashes involving large trucks, that is not the case. In fact, according to a lengthy Cargo Tank Incident Study (CTIS) by the U.S. Department of Transportation, “the majority of cargo tank rollovers occur on straight roads.”
Given the size and weight of commercial trucks, rollovers are surprisingly common, especially when the trucker makes a sudden turn to avoid an obstacle or collision. When this happens, the cab of the truck may turn faster than the trailer, which can cause the truck to roll over.
The conflicting movement can cause the trailer to swing out to one side or tip over. There is a higher risk of a rollover accident in wet weather conditions or if the trailer is overloaded or overweight.
Liability in Rollover Truck Crashes
Depending on how a rollover truck accident occurred, the following parties may be held liable for the injuries and damages:
- The truck driver (e.g., for failure to adjust speed to curves, distracted driving, fatigued driving, and over-steering or lack of steering);
- The trucking company (e.g., for overloading the truck, for failure to secure cargo properly to prevent shifts and imbalances, and failure to maintain the vehicle);
- The manufacturer of the vehicle (e.g., for a manufacturing or design defect such as malfunctioning brakes); and
- Other parties involved (e.g., for causing the truck driver to perform a sudden maneuver to avoid a collision)
Since rollover accidents often lead to serious injuries and fatalities, it is advised to contact a Charlotte personal injury lawyer to determine liability and obtain fair compensation.
The at-fault party and their insurance company may attempt to put the blame on you. If they prove that your own negligence contributed to your injury, you could be barred from filing a personal injury claim. Do not forget that North Carolina is a contributory negligence state.
Speak to our attorneys at Arnold & Smith, PLLC, to prevent the negligent party or insurance companies from invalidating or devaluing your claim. Call at 704-370-2828 or complete our contact form to receive a free consultation.
Consider Hiring Arnold & Smith, PLLC
The legal team at Arnold & Smith, PLLC welcomes you to discuss legal remedies available on a valid personal injury claim. We have been working with families throughout the state to find the best resolution possible for everyone involved. You can discuss your case with a North Carolina premises liability lawyer by calling (704) 370-2828 for a consultation. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and our new location in Monroe, call us at 704-370-2828.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.iihs.org/topics/fatality-statistics/detail/large-trucks
https://www.wbtv.com/2019/08/26/injured-accident-involving-overturned-utility-truck-i-/
https://rosap.ntl.bts.gov/view/dot/12479/dot_12479_DS1.pdf
Image Credit:
https://www.freeimages.com/photo/trucking-in-snow-1357665
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