When there is a truck rollover accident, there may be numerous accident victims. Often, the injuries are catastrophic or fatal, and the costs may be substantial. You can sue the truck driver if the rollover is the result of the driver's negligence. There may also be other responsible parties for the rollover. At Sharifi Firm, our Los Angeles truck accident lawyers represent victims in bringing claims for the compensation that they deserve.
Bringing a Claim After a Truck Rollover AccidentTo establish a truck driver's negligence after a rollover, you will need to prove that the truck driver owed you a duty of care, the truck driver breached this duty, the breach was the legal cause of your injuries, and you suffered damages. A driver's careless actions can lead to a rollover. For example, a driver who is speeding and takes a turn too fast may cause the truck to roll over. In the exercise of reasonable care, a truck driver is not supposed to speed, and to do so may be a breach of duty.
Improper loading may also be the cause of a truck rollover. If a load is not properly secured or is overloaded or imbalanced, the center of gravity in the truck may shift higher, reducing stability. In some cases, the truck driver is responsible for loading, but in other cases, a shipping company or the trucking company is responsible for it.
An improperly maintained truck is also more likely to roll over. Truck drivers are supposed to inspect trucks before taking them on the road to determine whether there are worn brakes or low tire pressure that could cause an accident. If a trucking company fails to maintain the truck appropriately, and this is the legal cause of the accident, you may be able to recover special and general damages.
In some cases, a truck rollover accident arises from a defect in the truck or a truck part, rather than the negligence of the driver. In such cases, you may be able to sue the manufacturer of the truck in a product liability lawsuit. Defects may be found in a product’s design, manufacturing, or marketing. If you can establish that one of these types of defects was the legal cause of an accident that caused your injuries, you can potentially recover compensatory damages from the manufacturer.
Sometimes negligence by multiple parties gives rise to a truck rollover accident. Joint and several liability is a doctrine in which multiple parties may be assigned fault for an accident, but the plaintiff may recover the full amount of damages from any of those parties individually. California follows the rule of joint and several liability with regard to economic damages. This means a plaintiff may recover tangible elements of damages, such as medical bills and lost income, from any single defendant proven to be at fault. However, with regard to noneconomic damages, each party only need pay an amount to the plaintiff equal to his or her share of responsibility.
Consult an Experienced Truck Accident Lawyer in Los AngelesAt Sharifi Firm, APC, our experienced Los Angeles attorneys are ready to help you pursue compensation for your injuries and losses as a result of a truck rollover. Our firm provides aggressive advocacy for people hurt due to a rollover, and we can investigate all possible sources of compensation. Contact us at (866) 422-7222 or via our online form for a free consultation with a motor vehicle collision attorney. Our firm also represents clients in Temecula, Rancho Cucamonga, San Bernardino, and Riverside, among other Southern California cities.