Rollover truck accidents can result in severe or even fatal injuries for those involved. Many of these accidents are avoidable and stem from negligence or recklessness. Those affected by truck accidents have the right to pursue compensation from the responsible party for the damages they’ve endured due to their injuries.
Rollover truck accident cases can become complex because multiple parties and insurance companies are often involved. Hiring an attorney as soon as possible can help protect your legal right to pursue compensation while focusing on your recovery. At Hunt Law Firm, our personal injury attorneys have recovered millions of dollars in compensation for victims of New Mexico truck accidents. We are prepared to begin representing you and pursuing the most compensation possible in your case.
The Causes of Truck Rollover Accidents
To recover compensation for your injuries, you will need to prove liability. In other words, you and your attorney will need to provide evidence showing that the at-fault party’s negligence or recklessness caused the rollover accident that resulted in your injuries. Rollover accidents most commonly happen when the roll movement of the longitudinal axis of a commercial truck increases too quickly.
For example, making a sharp turn at moderate or high speeds could cause one side of the vehicle to drop or rise, resulting in a rollover. According to a large truck crash causation study conducted by the Federal Motor Carrier Safety Administration, most rollover truck accidents are caused by driver negligence.
Speeding
The FMCSA crash data indicates that speeding was a factor in over half of all rollover truck accidents. Truck drivers can become incentivized to speed to complete jobs, receive payment, and move on to the next job. Unfortunately, speeding in a large commercial truck jeopardizes everyone on the road. When a truck’s front wheels turn faster than the cargo in the back, a truck can roll over.
Many truck drivers use highways and interstates to transport cargo quickly, and they may travel at higher speeds that are safe for the road conditions and the type of truck and cargo involved. Speeding can include ignoring speed limits, failing to notice posted speed limit signs on the highway, or driving too quickly around curved roadways. Nearly two-thirds of all truck rollover accidents involve curved entrance and exit ramps.
Negligent Driving
In addition to speeding, other types of negligent driving can cause rollover truck accidents. Distracted driving is always dangerous, but it’s hazardous when involving large commercial vehicles. Truck drivers are often fatigued because they’ve been driving long hours. They may not take their federally required breaks, causing them to fall asleep or become drowsy and drift into another line of traffic.
Not all truck rollover accidents are caused by truck drivers. Some are caused by negligent passenger vehicle drivers who may swerve into the truck’s lane, causing the truck to Swerve out of the way too quickly, resulting in a rollover accident. Other forms of negligence include inappropriate truck maneuvering, failure to maintain a safe stopping distance, overcorrection, and the failure to check blind spots.
The Failure to Properly Maintain Trucks
Trucking companies must keep their trucks well-maintained and safe. Sometimes, trucking companies cut corners to save money and do not maintain their trucks. Failure to make necessary mechanical repairs can bind with truck drivers’ failure to conduct pre-operation inspections before they start driving, which can result in rollover accidents.
Truck drivers have an obligation to inspect the cargo before they leave to ensure its security. When loads aren’t properly secured, rollover accidents are more common because the weight of the cargo isn’t evenly distributed. Steering malfunctions, tire blowouts, shifting problems, and faulty suspension systems can all contribute to truck rollover accidents.
What If My Loved One Was Killed in a Rollover Truck Accident?
When massive trucks roll over and collide with smaller passenger vehicles, the occupants of the passenger vehicles can suffer fatal injuries. If your loved one was killed in a rollover truck accident, pursuing a wrongful death lawsuit can help you move forward.
Although nothing can bring your loved one back, recovering compensation from the at-fault party that caused your loved one’s death can bring you a sense of closure and help you move forward financially. Through a wrongful death lawsuit, you can pursue the following types of damages:
- Medical expenses of your deceased level one before they died
- Funeral and burial costs
- Pain and suffering of your loved one before they died
- Surviving family members’ pain and suffering
- Loss of companionship, parental guidance, and consortium
- Lost wages, inheritance, and other lost financial benefits
The Benefits of Hiring an Experienced Rollover Truck Accident Attorney
If you’ve been injured in a truck accident, you may need to file an insurance claim with the truck driver’s auto insurance provider. Navigating the claims process is always challenging but especially difficult for those seriously injured. Retaining a skilled personal injury attorney can help you level the playing field while protecting your legal rights. For example, the insurance adjuster representing the trucking company or driver may immediately begin contacting you, trying to pressure you into accepting a settlement that is too low to cover all of your damages.
Negotiating a Favorable Insurance Settlement
The insurance adjuster may act like they are representing your best interest. Still, it’s important to remember that their job is to minimize the amount they pay and maximize their company’s profits. An attorney can begin negotiating with the insurance representative to pursue a more generous, fair, and reasonable settlement for you. If the insurance company refuses to offer a fair settlement amount, the attorneys at Hunt Law Firm are prepared to take them to court. Our skilled litigators have extensive experience holding insurance companies accountable through litigation.
Contact a Truck Rollover Accident Attorney in New Mexico
If you or a loved one has been injured in a truck rollover accident in New Mexico, you aren’t alone. The skilled attorneys at Hunt Law Firm are prepared to pursue the full compensation you need and deserve. Contact Hunt Law Firm today to schedule a complimentary case evaluation.