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Who Is Responsible for a Truck Rollover Accident in Texas?

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truck rollover accident

While 18-wheelers play an integral part in the nation’s economy by transporting goods across the country, they can also be dangerous vehicles. Unfortunately, due to the size of the truck, accidents involving these vehicles can cause severe injury and, in some cases, death. If you’ve been injured by a truck rollover accident, you don’t have to suffer in silence. A Kaufman County, Texas truck accident lawyer can help you recover the damages you’re entitled to.

How Does a Truck Rollover Accident Happen?

Unfortunately, there are a number of ways that an 18-wheeler can overturn. One of the leading factors is driver negligence, as inexperienced or careless drivers can lose control of their vehicles. If a driver is distracted by a cell phone, they may miss the speed limit sign informing them they need to slow down for an upcoming curve. Because they take the turn too fast, they can lose the balance of the truck, toppling over.

Similarly, incorrect cargo weight can be disastrous. If the load is too heavy for the truck, it can affect the truck’s balance. This, in turn, makes it more likely that the vehicle will roll over.

How Is Liability Determined?

When examining a truck rollover accident, the courts will review a number of factors to assign liability. Investigators will collect relevant evidence at the scene and in other capacities to help determine who is responsible. For example, if the driver’s cell phone records they sent a text in the moments leading up to the crash, it is very likely they will be held responsible.

However, if the driver gives a statement to the police explaining how they felt like something was off with the truck, the vehicle would be examined. There may be a design or manufacturing flaw that lead to the accident. In this case, the vehicle manufacturer would be responsible, assuming the driver did nothing to increase the odds of an accident.

What Should I Do if I’m the Victim of an Accident?

If you’ve been injured due to another party’s negligence, ensuring you take the proper steps to protect yourself is crucial. It’s vital to seek immediate medical treatment for any injuries you endured, even if they don’t seem like a big deal. Not only does this take care of your health, but it also establishes care. You should also obtain photos of the scene and the police report, as this can help provide crucial evidence.

You should also contact an attorney as soon as possible. In Texas, you only have two years from the date of the accident to file a lawsuit against the negligent party. If you wait too long, your chance to receive financial compensation for injuries and lost wages is gone.

At Harrell & Paulson, LLP, we understand that navigating a court battle by yourself can be complex. Our firm has the experience necessary to help fight for the justice you deserve when you’ve suffered. Reach out today to discuss the details of your case with one of our experienced attorneys during a free consultation.