In an overturned truck accident, the chances of someone sustaining serious or fatal injuries may be significant. It will be important to determine what caused the truck to overturn, so that liability for the truck collision can be established. A Bensalem truck accident attorney can work with victims in Pennsylvania to establish fault.
Common Causes of an Overturned Truck Accident
There are many reasons that a truck could end up on its side or roof. One example is when a truck driver has to swerve to avoid hitting something. This could possibly indicate that another vehicle was at fault; for instance, a truck swerving to avoid a collision with a car that ran a red light.
Many times these accidents stem from the truck driver losing control of the vehicle. A driver may lose control of the truck if he or she is speeding. This is especially true when taking a curve or turning.
Other potential causes for a truck overturning when the driver can’t maintain control of the vehicle:
- fatigue; and
- distractions (texting, talking on a phone, eating).
Errors made by the trucker or other drivers aren’t the only causes for an overturned truck collision. There could be something wrong with the truck itself, such as a trailer that isn’t properly attached or tires that blowout, causing the driver to lose control of the vehicle.
A shifting load could cause a truck to overturn, too. This can happen if it’s not properly secured or if the load being transported isn’t properly balanced. A Bensalem truck accident attorney can work with Pennsylvania victims of these truck collisions to collect necessary evidence and prove liability.
Proving a Truck Accident Case
Fault in a truck collision is based on negligence. In order for an injured victim to recover damages, any contribution to the accident must be 50 percent or less.
If the percentage of fault is found to be 51 percent or higher, this would prevent the person from receiving compensation. So it will be important to prove that someone else was mostly or totally responsible. In some cases there could be more than one driver named in a claim.
Evidence necessary in this type of case might include the accident report, statements from witnesses or photographs. If the accident occurred at an intersection where cameras are installed, this might help establish what happened. Truck company records including hours of service truck driver log may also be used to establish fault for the truck collision.
Recovery of Damages in an Accident Case
If it’s found that the truck driver was at fault, damages may be recovered for medical expenses and lost wages.
A Bensalem truck accident attorney can go over additional compensation that may be available depending on the Pennsylvania case:
- pain and suffering;
- disfigurement; and
- reduced quality of life.
It will depend on the types of emotional and physical injuries suffered, and proof of such damages.
If an overturned truck accident results in the loss of life, surviving family might be entitled to file a wrongful death claim. Compensation could address some of the aforementioned, along with other damages such as funeral expenses and loss of consortium.
Seeking Legal Counsel with a Bensalem Truck Accident Attorney for a Pennsylvania Case
With the many complex issues that can surround this type of case, it is important to seek legal advice. Cordisco & Saile LLC can assist victims of truck collisions or their families pursue a claim. Our Bensalem truck accident attorneys can consult Pennsylvania accident victims to go over the details of the case and can provide assistance in the evidence collection process to demonstrate fault and liability for the truck accident.