Irving Rollover Truck Accident Lawyer
Many fatal truck accidents in Irving are the result of a rollover, and even non-fatal crashes may still result in significant physical, financial, and emotional losses. The legal weight in the United States for an 18-wheeler is 80,000 pounds, and with an oversize permit, these commercial trucks could be much heavier. When one of these large trucks takes a turn too fast, causing a devastating rollover crash.
If you or a loved one were injured in a tractor-trailer collision, you should contact a skilled Irving rollover truck accident lawyer as soon as possible. A seasoned truck accident attorney would assess the viability of your claim and discuss what compensation may be available in your potential case.
How Rollover Truck Accidents Occur
A rollover truck accident refers to a crash where a truck tips over into its roof or side. Rollover accidents often fall into two separate categories, depending on how they occur.
- Tripped rollovers — These crashes may occur because an external object causes the 18-wheeler to roll over.
- Untripped rollovers — These accidents are caused by a maneuver on the part of the truck driver rather than external object.
Not all rollover collisions fall into these classifications. Other factors that may contribute to a rollover accident include improperly loaded cargo, defective roads, poor vehicle maintenance, insufficient training, driving while intoxicated, fatigued drivers, and distracted driving.
Liability in Irving Rollover Truck Collisions
As with other types of truck crashes, there are numerous parties who may be held liable for a truck rollover collision. These may include the:
- Truck driver
- Manufacturing company
- Trucking company
- Maintenance company
- Loading company
- Cargo owner
A knowledgeable Irving rollover truck crash attorney could help the injured party establish who the negligent party or parties are, then make an insurance claim or file a personal injury lawsuit to pursue compensation for the victim’s damages.
Pursuing Compensation for Damages
An Irving rollover truck collision lawyer could help the victim seek both economic and non-economic damages for their injuries and other losses. Economic damages refer to damages that are easily quantifiable, while non-economic damages are things that do not have a specific numerical value.
A truck crash victim may recover compensation for a host of economic damages, such as medical bills, property damage, lost wages, lost potential future earnings, and the cost of a rental vehicle. Non-economic damages may cover loss of enjoyment in life, loss of consortium, physical pain, and mental anguish.
How Shared Fault Rules May Impact Recovery
In cases where an injured party is found to be partially responsible for a truck accident, Texas courts adhere to the legal theory of modified comparative fault. Under Texas Civil Practice and Remedies Code §33.012, if a person is found to be partially at fault for the accident, which caused their injuries, their damages may be reduced by their percentage of fault.
Additionally, if the injured individual is more than 51 percent at fault for their accident, they may be unable to recover compensation for damages.
Deadline to File a Claim
Tex. Civ. Prac. & Rem. Code §16.003 imposes a two-year time limit for personal injury victims to file a lawsuit for compensation with the state’s civil courts. If an injured party does not file suit by the time this two-year period closes, the court could refuse to hear their case, and they would forfeit their right to financial recovery.
Speak with an Irving Rollover Truck Accident Attorney Today
Trucking collision are more complex than other kinds of motor vehicle accidents. The injures are often much more severe, and there are additional parties and laws which may come into play. If you have been severely injured in an Irving rollover truck collision, you do not have to pursue your claim alone.
Call today to speak with an accomplished Irving rollover truck accident lawyer and discuss your legal rights to achieve financial recovery.