Large commercial trucks (18-wheelers, semi-trucks, etc.) have a higher center of gravity than other vehicles on the roadway, increasing the likelihood that they will roll over should an incident occur on the roadway. When a larger commercial truck rolls over, it can certainly affect other vehicles on the roadway, potentially leading to significant injuries and property damage. A truck accident lawyer in Houston can assist you with your case.
Common Causes of Rollover Trucking Accidents
Understanding how rollover truck accidents occur can help you avoid potential situations where you are involved in one of these devastating incidents. Some of the most common causes of rollover truck accidents in the Houston area include:
Driver Error. One of the leading causes of rollover trucking accidents is driver error. This includes distracted driving, fatigue, and impaired driving. Truck drivers need to maintain high levels of alertness and concentration, especially given the size and weight of their vehicles. Even a momentary lapse can result in a catastrophic rollover.
Speeding. High speeds are a significant risk factor. Trucks have a higher center of gravity, making them more prone to tipping over when taking curves too fast, particularly on highway on-ramps and off-ramps. Speed limits on these sections are often lower to accommodate the safer passage of large trucks and vehicles, but not all drivers adhere to these limits.
Improper Loading. How a truck is loaded plays a crucial role in its stability. Overloaded trucks or those with unevenly distributed cargo are more likely to roll over. Cargo shifts during transit can cause a loss of balance, leading to rollovers. Federal regulations require proper loading and securing of cargo to prevent such incidents.
Road Conditions. Poor road conditions can contribute to rollovers. Additionally, adverse weather conditions like rain, ice, or snow can make roads slippery, increasing the risk of a truck driver losing control of the vehicle and rolling over.
Mechanical Failures. Mechanical issues such as brake failures, tire blowouts, or steering malfunctions can lead to rollovers. Regular maintenance and inspections are key to ensuring that trucks are in safe operating condition.
Sudden Maneuvers. Quick or sharp turns, sudden lane changes, or swerving to avoid obstacles can cause a truck to roll over. The size and weight of trucks make them less maneuverable than other vehicles, and abrupt movements can destabilize them.
Recovering Compensation for Rollover Trucking Accidents
If you are involved in a rollover trucking accident in Houston, you may be entitled to compensation for your injuries and property damage. Various types of compensation may be available, including:
Medical Expenses. This includes the cost of emergency medical care, hospital stays, any needed surgeries, medications, physical therapy or rehab, and any future medical treatments required due to the accident.
Lost Wages. If you can’t perform work duties because of your injuries, you can claim compensation for lost income. This also covers future lost earning potential if the injuries result in long-term disability or prevent a person from performing in the same capacity.
Pain and Suffering.Non-economic damages like pain and suffering compensate victims for the physical pain and emotional distress caused by the accident. This is often more challenging to quantify and may require expert testimony to establish the extent of the suffering.
Property Damage. Compensation for property damage covers the repair of your vehicle and any other personal belongings (computers, phones, etc.) that were damaged or destroyed in the accident.
Challenges in Seeking Compensation
Individuals harmed after a rollover collision in Houston may run into several challenges after these incidents occur, including:
Proving Liability. One of the main challenges in seeking compensation for a rollover trucking accident is proving liability. This often involves a thorough investigation to gather evidence and eyewitness testimonies.
Dealing with Insurance Companies. Insurance companies often aim to minimize payouts. They may try to dispute liability or offer a low settlement. An experienced attorney can negotiate with insurance companies (and any other parties involved) on your behalf to ensure you receive fair compensation.
Complex Regulations. Trucking accidents involve specific federal and state regulations that can be complex. An attorney well-versed in these regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), can identify violations that may have contributed to the accident.
Multiple Liable Parties. Determining liability in a rollover trucking accident can involve multiple parties, including the truck driver(s), trucking company, third-party cargo loaders, and vehicle manufacturers.
Statute of Limitations. In Texas, you must file a personal injury claim within two years from the date of the accident. Missing this deadline can result in losing your right to seek compensation, so it is crucial to act promptly.
Navigating the aftermath of a rollover trucking accident can be overwhelming, but you do not have to face it alone. An experienced Houston personal injury attorney can help you understand your rights and guide you through the legal process. If you or a loved one has been injured in a rollover trucking accident in Houston, do not hesitate to seek legal assistance to ensure you receive the compensation you deserve.