Truck Rollover Accidents
Truck rollovers are a frequent cause of serious injuries to people on the road. The height and weight of tractor-trailers make them susceptible to rolling over or turning over onto their side. If you or a loved one has been hurt in a catastrophic accident involving a truck, we can help you pursue full compensation from the truck driver, his employers, the insurance carriers and all other responsible parties. At Nagle & Associates, North Carolina truck accident lawyer Carl Nagle is skilled at pursuing maximum compensation on behalf of our clients. Due to his former work experience as an insurance defense attorney and an insurance claims adjuster, our office has a deep understanding of the defense tactics that are often used to either avoid victims’ claims entirely, or to dramatically reduce payments made to accident victims. We stand ready to vigorously advocate and litigate on behalf of injured people throughout the state of North Carolina.Pursuing Compensation for a Truck Rollover Accident
Rollover crashes often are caused by truck driver negligence. Careless behaviors behind the wheel may include speeding, making an overly wide turn, driving with unstable or improperly loaded cargo, driving with unsafe brakes or tires, or driving under the influence of alcohol or drugs. Truck rollovers may also take place when an outside force, such as a car or a curb, strikes or tips over the truck. These types of accidents can also occur when the truck loses contact with the ground due to high speeds or erratic steering.
Negligence is usually the legal theory at the core of a truck accident lawsuit. The victim uses this theory to prove liability, or responsibility, for the crash. Once liability is proven, damages may be determined. Proving liability in a rollover accident can be complicated due to the many people and entities involved in the trucking industry, such as the trucking company, the leasing company, and the driver. While most truck accidents are due to driver error, the plaintiff should investigate not only the conduct of the driver but also the role of the trucking company in the crash. For example, the trucking company may not have followed federal regulations requiring that drivers work only a certain number of hours on a shift.
In some cases in North Carolina, the defendant in a truck rollover accident lawsuit may contend that the plaintiff victim was also partly responsible for their injuries. This is a defense called contributory negligence. For example, the truck driver’s insurance company may claim that if the plaintiff was speeding or staying too long in the trucker’s blind spot, this partially contributed to the rollover accident. If the judge or jury finds that the plaintiff in fact was 10% at fault, the plaintiff will not recover any damages from the defendant, even though the defendant was still 90% responsible for the accident. This is an extremely harsh result that can unfairly deny compensation to deserving victims if they do not enlist knowledgeable legal representation from the outset of a case.
Since rollover accidents often result in catastrophic injuries or death, the types of damages that may be recovered include many forms of quantifiable, economic harm as well as non-economic harm, such as pain and suffering. Successful plaintiffs may secure lost wages from work for both the past and the future, especially if their injuries prevent them from returning to their former careers. Medical and hospital bills also may be recovered, as well as the cost of property damage to their vehicle. Emotional distress, while more challenging to prove, may also be recovered from the responsible party in a personal injury lawsuit, as can loss of consortium.Discuss Your Truck Accident Claim with a North Carolina Lawyer
At Nagle & Associates, North Carolina truck accident attorney Carl Nagle makes it his sole goal to advocate for victims of serious motor vehicle collisions, aiming to prove the full impact of past and future harms in each case. In order to leave our clients with the largest financial gain possible, we also charge a reduced legal fee, consisting of 25% of a settlement award rather than the 33% charged by many other firms. If you or a family member has suffered injuries in a trucking accident, contact our law firm for a free consultation. We maintain seven office locations and stand ready to provide efficient, personalized legal services. Nagle & Associates has helped injured people who need a tractor-trailer crash attorney in Raleigh, Asheville, Winston-Salem, and Wilmington, among other cities. Call us at (800) 411-1583 or use our online form to set up your appointment.