Truck Rollover Accidents
Trucks that transport materials are an integral part of our society. They help us ensure that we have our favorite products year-round and facilitate the construction of new buildings and roadways. Unfortunately, despite their advantages, trucks have also been involved in countless collisions. The National Highway Traffic Safety Administration (NHTSA) has found that tractor-trailer rollover crashes have one of the highest fatalities rates of any type of traffic accident, due in large part to the weight and size of the trucks. Dedicated and experienced Naples truck accident lawyer Adam Baron understand just how traumatic and stressful this situation can be for you and your family. We are prepared to help you investigate your potential claim and obtain the compensation that you deserve.Bringing a Claim against a the Manufacturer of your Vehicle for your Injuries
There are a number of ways that a truck rollover accident can occur. First, if a driver fails to reduce his or her speed when approaching a curve in the road, the truck can lose contact with the pavement and begin to roll. Research has shown that some 45 percent of truck accidents result from the driver’s failure to reduce speed appropriately. Second, a driver’s lack of attention can also contribute to a rollover accident. If the driver is texting, adjusting the radio, or too fatigued behind the wheel a rollover accident could result. Third, how the driver steers the large truck is also a factor. Both over-steering and under-steering can prompt a rollover accident. Finally, the size, placement, and contents of the truck’s cargo have a bearing on whether a rollover accident is likely to occur. If a load shifts during transport, it can prompt a rollover accident due to the movement of the cargo.
If you have been involved in a truck rollover accident, you can bring a negligence claim against the truck driver and the trucking company who employs that driver to obtain compensation for your injuries. There are four things the plaintiff must prove in order to obtain recovery. The plaintiff must show that the driver owed a duty of care to the plaintiff, that the driver breached that duty, and that the breach was the legal cause of his or her damages. When it comes to operating a truck, the standard of care requires each truck driver to use the same prudence, care, and skill that a prudent truck driver would use. This includes obtaining the appropriate certifications and completing the requisite training, as well as performing the necessary vehicle inspections and obeying all traffic laws. If the truck driver violates a traffic law or statute at the time of the collision, such as breaking the speed limit or passing in a no-passing zone, the plaintiff can assert a rebuttable presumption that the defendant acted negligently at the time of the crash. To show causation, the plaintiff must show that he or she would not have been injured but for the defendant’s negligence. Finally, the plaintiff will need to offer evidence supporting the amount of compensation he or she is seeking in the lawsuit, including medical bills and lost wages.Contact an Experienced Naples Lawyer Following a Tractor-Trailer Accident
Because they involve such massive vehicles, truck accidents are incredibly dangerous and often lead to devastating injuries, including head trauma, broken bones, concussions, sprains, and bruises. At the Law Offices of Adam Baron, our dedicated Naples lawyers have helped countless Tamarac, Fort Myers, North Miami Beach, and Broward County residents to assert their rights. We also handle other types of personal injury cases, car accidents, medical malpractice, and premises liability. To schedule your free consultation contact us online or call us at one of our regional office locations to set up your appointment now: Broward County: (954)-247-4878, Miami-Dade: (305) 770-2131, or Naples/Fort Myers (239) 352-5511.