Building Your Case After a Truck Rollover Accident
Truck accidents are some of the most devastating types of collisions on the road. Among these, truck rollover accidents are particularly dangerous due to the massive size and weight of commercial trucks.
When a truck rolls over, it can cause serious injuries, extensive property damage, and, in some tragic cases, even death. If you or a loved one has been involved in a truck rollover accident in Kentucky, you may be wondering what steps to take to protect your rights and pursue compensation for your injuries.
Building a solid case after a truck rollover accident requires a thorough understanding of both the causes of these accidents and the legal process involved. The Slechter Law Firm in Louisville, Kentucky can gather strong evidence to determine liability and pursue compensation for your injuries and losses.
What Is a Truck Rollover Accident?
A truck rollover occurs when a large commercial vehicle, such as a semi-truck or tractor-trailer, tips over onto its side or roof, often as a result of a sudden maneuver, loss of control, or an unsafe road condition.
The forces involved in a truck rollover accident can cause severe damage to the vehicle and the surrounding area, as well as serious injuries to anyone involved in the crash.
Truck rollovers are different from typical car accidents because of the truck’s size and weight, and this impacts how a personal injury lawyer approaches the case. These accidents can lead to devastating injuries, including:
Head and neck injuries
Spinal cord injuries
Broken bones
Internal injuries
Traumatic brain injuries (TBI)
Fatalities
When a truck is involved in a rollover, there’s often a significant risk of cargo spilling onto the road, further creating dangerous conditions for other motorists and pedestrians.
Common Causes of Truck Rollover Accidents
Understanding the causes of truck rollover accidents is crucial in building your case. There are several potential factors that contribute to these types of accidents, including:
Driver Error
A rollover could be the fault of the driver due to:
Inattention or fatigue: Truck drivers often work long hours, and fatigue can impair their reaction times and judgment. Inattention, whether from fatigue or distraction, can lead to sudden maneuvers that result in rollovers.
Speeding: Taking a turn too quickly or driving at unsafe speeds for road conditions can cause a truck to roll over.
Driving under the influence: If the truck driver was under the influence of alcohol or drugs at the time of the accident, this can be a significant factor in establishing liability.
Improperly Loaded Cargo
If a truck is overloaded or its cargo isn’t properly secured, it can cause the truck to tip over, particularly when making sharp turns or going around curves. Unbalanced cargo can shift unexpectedly, creating a dangerous situation for the driver and others on the road.
Poor Road Conditions
Dangerous road conditions, such as sharp turns, uneven surfaces, or poor weather (e.g., rain, snow, ice), can contribute to truck rollovers. Potholes, debris, or construction zones can also cause a truck to lose control, leading to a rollover.
Mechanical Failure
Faulty brakes, tire blowouts, or other mechanical failures can lead to a truck rollover. Regular maintenance and inspections are crucial to preventing accidents due to equipment failure.
Weather Conditions
High winds, icy roads, or heavy rain can make it difficult for a truck driver to maintain control of their vehicle, particularly for larger trucks with a high center of gravity.
Other Drivers
Sometimes, other drivers on the road can cause a truck to swerve or lose control, triggering a rollover. Tailgating, aggressive driving, or cutting off a truck driver can force them into a dangerous situation.
Understanding the potential causes of the accident is critical for a personal injury lawyer to determine liability and gather evidence for your case. Taking certain steps will also help them with your case.
Steps to Take After a Truck Rollover Accident
If you’re involved in a truck rollover accident in Kentucky, there are several key steps you should take to protect your legal rights and help build your case.
Seek Medical Attention Immediately
The first priority after any accident, especially a truck rollover, is your health and safety. Even if you don’t feel injured immediately, it’s essential to seek medical attention right away. Some injuries, like internal injuries or concussions, may not be immediately apparent.
Medical records are also critical evidence when building your case. They’ll document the extent of your injuries, the treatment you received, and the long-term impact of your injuries, all of which are crucial to determining the amount of compensation you could receive.
Report the Accident
It’s important to file an accident report with local law enforcement. This report will include important details about the accident, including the location, time, and any potential contributing factors, such as weather conditions, road conditions, or the presence of other vehicles.
The accident report will also include statements from the truck driver, witnesses, and law enforcement officers.
In Kentucky, it’s also important to exchange information with the other parties involved in the accident, including the truck driver and any witnesses. Collect names, phone numbers, and insurance details, as these will be necessary when building your case.
Document the Accident Scene
If you’re able to do so safely, take photos of the accident scene, the truck, and any visible damage. Documenting skid marks, road conditions, and any hazards on the road can provide valuable evidence that may help determine the cause of the accident.
Additionally, if you have any access to dashcam footage or if witnesses provide their video footage, make sure this evidence is preserved.
Preserve Evidence of Injuries and Damages
Keep all receipts, medical records, and invoices related to your injuries. This includes doctor visits, hospital bills, physical therapy, and any other expenses you incur as a result of the accident. This documentation will help prove the extent of your injuries and the costs associated with them.
If you miss time from work due to your injuries, keep a record of lost wages and any future income you may lose as a result of long-term impairments.
Consult a Personal Injury Lawyer
One of the most important steps in building your case after a truck rollover accident is to consult with an experienced personal injury lawyer. A skilled attorney will have the knowledge and experience to help you gather evidence, establish liability, and pursue a legal claim against the responsible parties.
A personal injury lawyer can help you:
Investigate the cause of the accident
Determine who is liable (truck driver, trucking company, manufacturer, etc.)
Collect evidence, including witness statements, accident reports, and expert testimony
Negotiate with insurance companies and other parties
File a lawsuit, if necessary, and represent you in court
By working with a lawyer who’s experienced in truck accidents, you can confirm that you’re taking the right steps to protect your interests.
Review Your Insurance Coverage
After a truck rollover accident, your own insurance policy may be able to provide compensation, especially if the responsible party is uninsured or underinsured. Kentucky is a “no-fault” state for auto insurance, meaning your own insurance typically covers medical expenses, regardless of who caused the accident.
However, if the other party was at fault, you may be able to pursue compensation from their insurance company as well. A personal injury lawyer can help you traverse the intricacies of insurance claims.
Determining Liability in Truck Rollover Accidents
When building your case, one of the most important aspects is determining who is at fault for the accident. In a truck rollover case, liability could fall on:
The truck driver: If the driver was speeding, fatigued, or otherwise negligent, they may be held responsible for the accident.
The trucking company: If the company failed to properly maintain the truck, overloaded the vehicle, or forced the driver to work beyond legal limits, they may be liable.
The truck manufacturer: If a mechanical failure, such as a brake failure, caused the rollover, the manufacturer of the truck or parts may be at fault.
Other drivers: If another driver contributed to the truck’s rollover by acting negligently, they may share liability.
Call Slechter Law Firm Today
Building a case after a truck rollover accident can be challenging, but Slechter Law Firm can help you pursue an injury claim. They proudly serve Louisville and the wider Kentucky area, including Lexington. Contact Slechter Law Firm today to start building your case with the help of an experienced personal injury lawyer.