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Wilmington 302-427-9500 Bear 302-834-8484 Milford 302-422-6705 Lewes 302-550-0155

Truck Rollover Accidents

Delaware Truck Accident Lawyers discuss truck rollover accidents. Truck accidents involving rollovers have the potential to cost someone their life. Others could be left with serious injuries and an unfortunate impact on their finances. A truck rollover accident happens when a truck swerves to avoid a head on collision and turns onto the side or on top of the vehicle.

This type of accident can be fatal for drivers in both vehicles, and involves the truck potentially rolling several times before stopping.

How Often do Truck Rollover Accidents Occur?

Some 15,000 trucks are involved in rollover accidents each year, according to recent statistics, and many factors can contribute to them. These include fatigued or distracted drivers, poorly loaded equipment, and curved roadways.

Investigating the Accident

After a rollover crash, you will need to have the accident investigated in order to determine whether any of these factors played a part in the accident:

  • Faulty brakes: Overloading a truck can negatively affect its brakes and brake pads, due to too much weight on them.
  • Tire blowouts: The excess weight from overloaded cargo may also cause tires to burst.
  • Poorly trained truck drivers: Companies are responsible for properly training their drivers. Failure to do so may lead to fatal accidents.

Proving Negligence

If another driver caused your rollover accident, it was most likely due to improper loading of cargo. In order to prove negligence on the part of the other driver, you must be able to determine who was negligent in loading the cargo.

When proving negligence, you are also responsible for proving the following:

  • Duty: All drivers have a duty to make sure they are operating their vehicles with care. However, there are times when outside forces that are out of your control contribute to rollover accidents. These forces include roads that have not been maintained, a car manufacturer who has sold a defective car without the driver’s knowledge, and a mechanic who has neglected to thoroughly maintain a vehicle.
  • Breach: There are two types of breaches – A negligence per say breach, which is when someone breaks a law; and a common law breach, which is when a person fails to do the reasonable thing in a given situation. As the plaintiff, you are responsible for proving that the other party has somehow breached its duty to you.
  • Causation: Causation requires proving that the defendant’s breach either directly or indirectly caused your rollover accident.
  • Injury: After proving breach and causation, you are then responsible for proving that your injuries resulted from the accident. This can be difficult, because the defense could argue that your injuries were preexisting.

The Argument of the Defense

If you were behind the wheel of the vehicle, the defense may try to argue that you either caused the accident or contributed in some way. They may also try to argue that a third party caused the accident. The purpose of doing this is to limit their liability as much as possible.

Delaware Truck Accident Lawyers at Rhoades & Morrow Represent Victims Involved in Truck Rollover Accidents

If you were involved in a truck rollover accident, then you need a lawyer who can get you the compensation and peace of mind for your injuries. Delaware truck accident lawyers at Rhoades & Morrow represent victims involved in truck rollover accidents. Our experienced lawyers will fight to get you justice and help you through the process step by step. For a free consultation contact us online or contact us by phone at our Wilmington office at 302-427-9500, our Bear office at 302-834-8484, or our Milford office at 302-422-6705. We serve clients in Elsmere, Seaford, and across Delaware.

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