Did you get hurt in a rollover truck accident? Do you need help determining your legal options? If so, contact Abel Law Firm today, and we’ll review your case.
Rollover crashes can lead to devastating injuries and damage. It’s one of the most deadly types of accidents, especially when it involves a commercial truck. The result is typically catastrophic when a large truck collides with a small car. If that truck rolls, it can crush another car underneath it. Something like that is near impossible to survive.
At Abel Law Firm, a team of Oklahoma City truck accident lawyers will fight hard to hold the truck driver accountable for their careless actions. You deserve financial compensation for the harm you or a loved one suffered. You can depend on us to pursue your legal goals so that you can move your life forward again. Call us today at (405) 239-7046 to find out more or schedule a free consultation.
How Tripping Can Lead to Rollover Accidents
A rollover occurs when a vehicle’s wheels lose contact with the road, causing it to end up upside down or on its side. Since commercial trucks have a high center of gravity, rollover crashes are not uncommon. Typically, an event known as tripping is the culprit for this type of accident.
During tripping, the truck makes contact with some object, and the force causes the tires to leave the ground and the vehicle to roll.
Common objects that can trip a commercial truck include:
- Guardrail
- Loose gravel
- Pothole
- Curb
- Another vehicle
- Hazards
- Traffic cone
Although tripping explains how trucks roll during an accident, it doesn’t explain why the crash occurs in the first place. Most of the time, driver error leads to rollover accidents.
The most common causes include:
- Speeding
- Tailgating
- Failure to check blind spots
- Distracted driving, such as texting
- Turning too quickly
- Under the influence of alcohol or drugs
- Failure to yield the right of way
- Running a stop sign or red light
If you encounter a large truck, you should maintain your distance when possible. The difference in size and weight is substantial and can lead to life-threatening injuries or death if there’s an accident. It’s especially dangerous when there’s cargo involved that can come loose and lead to subsequent accidents and additional harm.
How to Hold the Truck Driver Liable
Oklahoma is one of many states that use the fault system. This determines who is financially responsible for the victim’s losses. Whoever caused the accident becomes liable for the injuries, property damage, and resulting expenses. Compensation typically comes from the at-fault driver’s auto insurance company.
All motorists must purchase auto insurance with liability coverage. Minimum limits are required to cover an injured party’s damages if an accident occurs. Damages fall under two subcategories: economic and non-economic.
Economic damages refer to the costs associated with an injury sustained in an accident, such as:
- Medical bills
- Property damage
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
Non-economic damages are the physical and emotional pain experienced after an accident, such as:
- Pain and suffering
- Mental anguish
- Disfigurement
- Loss of consortium or companionship
When you file a claim, you can likely pursue a large settlement amount. Truck drivers are supposed to carry insurance with high liability limits. Since commercial vehicles can cause more significant damage than small passenger cars, the minimum required limit starts at $300,000. However, the average truck driver has at least $750,000 in liability insurance.
What to Do If the Truck Driver Doesn’t Carry Insurance
It’s a rare occurrence, but it does happen. If you find out the trucker doesn’t have liability coverage, you can file a claim with your insurance carrier. You must first check if you have UM insurance. Uninsured/underinsured motorist provides compensation in any of the following circumstances:
- The at-fault motorist doesn’t hold liability coverage;
- The liability limits aren’t high enough for the damages incurred; or
- A hit-and-run driver caused the accident.
Unfortunately, UM is not required insurance coverage, so you might not have included it on your policy.
If you do have it, you can file a claim for the following damages:
- Medical bills
- Pain and suffering
- Property damage
- Out-of-pocket costs
- Lost wages
- Lost earning capacity
You can also file a lawsuit directly against the at-fault truck driver. Depending on the situation, you might also be entitled to compensation from the trucking company. Even though the truck driver was involved in the accident, the employer could be to blame for negligently hiring someone unqualified.
If you want to sue someone for damages, you must comply with the statute of limitations. A statute of limitations is a strict deadline; if it passes, you will lose your right to pursue legal action. There’s a two-year statute in Oklahoma. That means the clock begins ticking on the accident date and runs out two years later.
Most accident victims that pursue a civil lawsuit will use negligence as the legal basis of their case. Negligence occurs when someone fails to do something a reasonable person would do to avoid harming another person. To use negligence in your case, you must prove the following five elements existed at the time of the crash:
- Duty: The truck driver owed you a duty of reasonable care;
- Breach of duty: They breached their duty;
- Cause in fact: If it weren’t for their action or inaction, you wouldn’t have suffered harm;
- Proximate cause: Your injury was the direct result of their breach; and
- Damages: Your injury resulted in damages.
Lawsuits are complicated to handle, especially if you’ve never been involved. Your Oklahoma City rollover accident lawyer will guide you through the process and advise you on the best options for recovering the financial award you deserve.
Abel Law Firm Will Help You Fight for Justice
With over 130 years of combined experience, our team will work hard to reach your legal goals. We won’t back down from a fight and will ensure you receive the financial compensation you deserve. We know the suffering you already endured. It’s been a stressful period, and we want to help you move forward as soon as possible.
When you hire Abel Law Firm, we will use all the resources to hold the truck driver or their employer liable for the harm they caused. We will not allow them to get away with their negligent actions. We will thoroughly investigate the rollover accident and create an effective plan that reaches your goals.
Our Oklahoma City rollover accident lawyers are available 24/7 to speak with you. If you were the victim of a rollover truck accident, call us today at (405) 239-7046 to schedule your free consultation.
