Who is Liable in a Truck Rollover Accident?

Rollover accidents can be devastating for all who experience them, and even those who simply witness them. They are far more common among tractor-trailers than other types of vehicles, due to trucks’ higher center of gravity and the risk of an unbalanced load. Unfortunately, these accident claims can be quite complex. They involve multiple parties and often hundreds of thousands of dollars worth of damage.

That’s why it’s important to work with a truck accident lawyer from the very beginning of your claim. Ready to find out how Bailey Javins & Carter can help you? Call us at 800-497-0234 to set up a consultation with our team now.

Parties Involved in a Rollover

There are multiple parties involved in a rollover accident, which can muddy the waters when it comes to determining liability and proving fault. To start, you have both drivers. It goes beyond that—the truck driving company is also a party in these accidents, as are the company that loaded the cargo and the owner of the cargo. All of these parties have their own insurance providers representing them, which makes it challenging for victims to fight for the compensation they deserve. It’s possible that any of these parties may be liable for the crash, and it’s equally likely that liability is shared between multiple parties.

Factors Affecting Liability

A number of factors may become relevant when it’s time to investigate your rollover accident claim. Vehicle-related issues are always a possibility. If a truck is poorly maintained or has an inherently flawed component, that may either cause an accident or make an accident more severe. Driver-related factors are almost always an issue in car accident claims. If a driver is found to have been fatigued, impaired, distracted, or otherwise reckless when the accident occurred, they may be partially or entirely liable for it. Environmental factors may also contribute to collisions. These factors include adverse weather conditions and poorly maintained roads.

Potentially Liable Parties

There are many people and entities who could be held liable for a collision. They include:

• The truck driver: The truck driver could be to blame for the crash if they drove recklessly, drove while fatigued or distracted, or failed to take appropriate evasive action to avoid a collision. In general, they are not liable—their company is responsible for their actions when they are driving. But if a driver is self-employed as an owner-operator, they may be liable for accidents they cause.

• Trucking companies: Trucking companies are not just liable for their drivers’ mistakes; they are also responsible for their own errors. For example, if a company hires a truck driver with a history of at-fault accidents or unsafe cargo securement practices, they could have anticipated this issue and prevented it by not hiring them. If they encourage drivers to load cargo as quickly as possible—even when that means loading it in an unsafe manner—they are responsible for the issues that follow.

• Cargo loading company: In many cases, truck drivers don’t load their own cargo. If an outside party loads for them, that party may be held liable. Rollover accidents are more common when a truck’s load is top-heavy or so unbalanced that it causes the truck to pull to one side or the other.

Figuring Out Liability

When you connect with a Charleston truck accident lawyer, a big part of their job will be determining liability. They’ll look at statements made by all involved parties, photos and video footage of the crash scene, truck driving logs, electronic logging device data, eyewitness statements, and other evidence. After a thorough analysis, they will be able to identify the liable party and begin the process of pursuing compensation. In most truck accident cases, compensation is recovered from the liable party’s insurance company and not the liable party themselves.

Fight for Fair Compensation with Bailey Javins & Carter

Don’t wait too long to start your truck accident claim in Charleston! Our team of personal injury lawyers is ready and waiting to help. Schedule a consultation to discuss your accident now by getting in touch online or calling us at 800-497-0234.