Truck Rollover Accidents

Truck drivers who break mandatory safety regulations by failing to adjust their speed, failing to stay attentive to the road due to fatigue, over-steering, or overloading their truck are more likely to get into a rollover accident. These are the deadliest crashes, happening most often on interstate onramps and exits. Drivers should stay attentive to the possibility of a rollover and be adequately trained to handle situations in which a rollover becomes more likely.

When a truck driver’s negligence causes a rollover that results in your injuries or a loved one’s death, you may be able to recover the damages that flow from it. You will need to show that the driver’s negligence caused the accident by proving that it is more likely than not that the driver failed to use reasonable care and caused your injuries. If a driver fails to follow FMCSA regulations, and the failure is the cause of your injuries, you may be able to hold them accountable under the doctrine of negligence per se.

Often, a single truck driver’s insurance coverage is insufficient to cover all of the victims of a truck rollover accident. However, in rollovers, it is possible that the trucking company may also bear some responsibility. You may hold a trucking company that employs a negligent driver liable under a theory of vicarious liability. This means that you may recover damages from the trucking company as long as its employee was negligent in the course and scope of employment.

Moreover, if you can show that the trucking company’s negligence was a proximate cause of the accident that resulted in your injuries, you may be able to recover damages from the trucking company, regardless of whether the truck driver got into the accident while on the job. Trucking companies are expected to use reasonable care in hiring, training, and supervising their drivers. There are numerous FMCSA regulations that they need to follow in hiring and supervising, as well as in maintaining commercial trucks that they put onto the road. Failing to follow any of these regulations may result in a trucking company being held directly responsible for an accident. For example, a truck company that encourages its driver to falsify hours of service in the logbook that they must keep may be held liable under a theory of negligent supervision. In rare cases, a rollover is a result of a manufacturing defect. In these cases, you may be able to bring a product liability lawsuit against the truck manufacturer. Often, this lawsuit will proceed under a theory of strict liability. You will need to allege and prove that there is a manufacturing, marketing, or design defect in the truck that caused the rollover and your injuries.