Override Accidents

Figuring out the cause of an override accident may be critical to recovering damages. Often, these collisions happen because a truck driver cannot slow down or stop the truck in time to avoid riding over the car in front of them. The reason that the truck driver cannot slow down might involve tailgating, distracted driving, hours of service violations, drunk or drugged driving, overloaded cargo, not traveling at the proper speed for unsafe weather conditions, or defective brakes or tires. Determining who was responsible for the truck driver not being able to slow down in time may require a thorough investigation, including accident reconstruction experts.

Sometimes trucking companies try to avoid liability for a truck accident by hiding evidence or allowing it to become destroyed in the course of business. It is important to retain an attorney as soon as possible after an accident. Among other things, an experienced attorney can send a letter about spoliation of evidence to the trucking company, letting them know that sanctions will be sought if any evidence is improperly destroyed, altered, or concealed.

To establish a truck driver’s negligence, you will need to prove that the truck driver owed a duty of care, breached that duty, and in breaching that duty caused your injuries. Often, drivers and their employers point back to the plaintiff to try to claim that the plaintiff’s own negligence was a partial cause of the injuries. Since override accidents usually happen from behind, it is unlikely that a plaintiff is fully to blame for an override accident. However, each state follows its own rules related to comparative fault. In Tennessee, if you are found to have been 50% or more at fault, you may be barred from recovering your damages.

You may also have a basis to sue the trucking company for negligent hiring and training or vicarious (indirect) liability. For example, an interstate trucking company is supposed to monitor its drivers’ hours of service and logbooks. When a driver violates the hours of service rules and falsifies logbooks, a responsible employer should follow discipline guidelines set forth by trucking regulations. Instead, some trucking companies encourage such behavior because they put profits ahead of people and want their drivers on the road as much as possible. A trucking company that failed to take appropriate measures to stop a truck driver who was violating the hours of service and logbook rules may be found liable for negligent supervision.