Who Can I Sue in a St. Louis Rollover Truck Accident?
Who Can I Sue in a St. Louis Rollover Truck Accident?
Determining liability in St. Louis rollover truck accident cases is complicated because there are so many parties responsible for a truck's performance, but holding the right parties accountable is critical to your full recovery. Depending on their actions, any of the following parties could be wholly or partially liable for your St. Louis rollover truck accident injuries and other damages.
- The truck driver
- The trucking company
- The truck owner
- The manufacturers of the truck or parts used on the truck
- The truck's cargo loader
To make matters more complicated, the parties that can be responsible in an accident depend on how the truck in question is owned and how the driver of the truck is employed. For example, some drivers are independent contractors who own and operate their own vehicles and are not actually employed by a company. Many truck drivers work for trucking companies, which other businesses hire to ship their goods, but the trucks that trucking companies use are often owned by someone else. Sometimes the driver is directly employed by the company for which they are delivering goods. The truck drivers who drive for Walmart are employees of Walmart. In the case of Walmart, the company that employs the driver of the truck also happens to own the truck itself.
Truck Drivers and Trucking Companies
There are many possible combinations of organizations and individuals involved in rollover truck accidents. Truck drivers and trucking companies are liable when there is evidence of the improper operation of the vehicle. If the driver fails to obey a traffic law or is driving while distracted or drowsy causing the rollover, he or she could be at fault for making such mistakes. The company that employs him could be at fault as well for improper training, hiring someone who is unqualified or enforcing unrealistic deadlines or expectations that push the driver beyond a reasonable limit.
Truck Owner
The person or organization that owns the truck is responsible for the maintenance and inspections of their vehicles. They must schedule regular inspections in accordance with FMCSA guidelines and make sure that the truck is always in good working order. This means making sure the engine is healthy, fluids are at the proper levels and things like lights, turn signals, windshield wipers, brakes, tires and other components are functioning properly.
Manufacturers and Cargo Companies
While maintenance of the truck and all its components is the responsibility of the owner of the truck, the manufacturer can hold blame if the part is faulty or does not perform as promised as long as proper maintenance has been practiced. Some common component failures that can lead to rollovers are tire blowouts, brake failures, steering mechanism defects and fuel tank fires. In addition, improper loading of cargo on the truck can also contribute to a rollover accident. Loaders who do not properly secure items or put too much weight on a vehicle can be liable, as it is more likely that the truck will roll over and possibly cause the goods to spill into traffic. It is especially important with hazardous materials that the people who load the truck take extra care and follow regulations.
The potential at-fault parties in a rollover truck accident can vary greatly depending on the conditions that contributed to the accident, as well as the ownership and operating status of the truck involved. It takes someone with experience in rollover truck accidents to successfully navigate a case. You should always consult an experienced St. Louis rollover truck accident lawyer after being in a rollover accident. The St. Louis truck accident attorneys at Burger Law have fought against insurance companies in the name of justice for the injured, and we have helped our St. Louis, as well as Missouri and Illinois, rollover truck accident clients recover the full compensation they deserve. Call (314) 500-HURT now or contact a truck accident lawyer about your case for free.
What Damages Can I Recover From a St. Louis Rollover Truck Accident?
What Damages Can I Recover From a St. Louis Rollover Truck Accident?
Rollover truck accidents unfortunately happen daily and they are one of the most common reasons behind personal injury cases. Armed with the right knowledge of what you can demand helps with crafting a more complete settlement that leaves no stone unturned, which can truly ensure that you will be compensated in the best way possible. A St. Louis rollover truck accident lawyer will help you pursue the liable parties for complete damages. You may recover costs for property damage, medical bills, lost wages, disabilities, pain and suffering and court costs. The Burger Law St. Louis rollover truck accident lawyers can help you recover the following:
- Medical expenses – You could be reimbursed for the cost of your past and current medical expenses such as the ambulance ride, emergency room visit, hospital bills, doctors’ bills and medications.
- Future medical expenses – If your accident has left you suffering from injuries that require long-term care or therapy, you may be entitled to compensation to cover your recovery treatment. That could include physical therapy, rehabilitation therapy, and even assistive devices, for example, like a wheelchair.
- Loss of income – As with many people involved in serious accidents, you may need to take time away from work to recover. You need to be reimbursed for those lost wages.
- Loss of future earning capacity – If you sustained injuries from the accident that make it impossible to continue working to your full capacity, you may also be entitled to compensation for a loss of future income.
- Pain and suffering – An experienced attorney can also help you recover compensation for the physical pain and emotional hardships your injuries have caused for you.
- Mental anguish – Mental and emotional trauma experienced from the crash, such as anxiety, fear, post-traumatic stress disorder (PTSD), depression and distress.
- Physical impairment or disfigurement – Permanent scarring, disfigurement, or loss of use of a body part.
- Loss of consortium – Intangible injuries suffered by the victim’s spouse from being deprived of comfort, affection, companionship, assistance, society or sexual relations.
- Wrongful Death – If, unfortunately, a family member is killed in a truck accident, you may be able to recover compensation for their final expenses, medical costs, and loss of your support. It is heartbreaking to lose a loved one, and we can’t make that pain go away, but we can help make sure that you are left with some financial stability.
Our St. Louis rollover truck accident lawyers are not intimidated by the trucking companies or their large insurance corporations. We fight until the insurance company in your claim agrees to pay you in full for the losses you have sustained. We will not stop until you win a great settlement.
What Are the Best Ways to Avoid Rollover Truck Accidents in St. Louis?
What Are the Best Ways to Avoid Rollover Truck Accidents in St. Louis?
When you are driving on the highway or other roadway around tractor trailers, there are red flags you can watch for to attempt to avoid a rollover accident. Even the most experienced truck drivers can make serious mistakes. Here are a few things to keep in mind while driving:
- Slow down. When driving around trucks, you should maintain the speed limit so that the truck drivers can better predict what you are going to do. If you are speeding, they might not see you until the last minute, which can be extremely dangerous. Staying on the slower side also allows you more space to brake if you need to based on other drivers.
- Stay out of the truck’s blind spots. Speaking of danger, trucks have blind spots to be wary of. Right in front of the cab, right behind the trailer and to the back right and left of the trailer are considered “no-drive zones” you should avoid. In general, you should stay in spots where you can see the driver in their sideview mirror, which means that they can see you as well.
- Give the truck more space than usual. Give a truck more space than you would a regular vehicle because they need more room to stop and sometimes need to make split-second decisions. Extra space will also allow you and the truck driver more space for braking if necessary.
- Signal early. While this is certainly a tip that applies to all driving scenarios, you will want to signal early around large trucks because they need more time to react to your actions. The earlier you signal, the better truck drivers can anticipate what you are planning to do, like passing them or getting back into their lane.
- Pass carefully. Because trucks have blind spots, you should never pass on their right side. If you must pass them, do so on their left, but be careful because you will be passing through their blind spots and they might have to come into your lane unexpectedly.