Rollover truck accidents are among the most dangerous types of crashes on our roads. These collisions often result in severe injuries, fatalities, and extensive property damage due to the sheer size and weight of commercial trucks. If you or a loved one has been involved in a rollover truck accident in Orange County, it's crucial to understand the process of determining liability to ensure you receive fair compensation for your losses.
At the Barrios & Machado law firm, our experienced attorneys have a deep understanding of the complexities involved in rollover truck accident cases. We work tirelessly to investigate the circumstances surrounding the accident, gather evidence, and build a strong case to hold the responsible parties accountable.
What is Considered A Rollover Truck Accident in Orange County?
In Orange County, a rollover truck accident is defined as any incident where a large, heavy vehicle tips over onto its side or rolls completely onto its roof or top. Vehicles that are more likely to roll over are top-heavy, such as a commercial truck, semi-truck or tractor-trailer. A few key factors that characterize a rollover truck accident in Orange County include:
- The truck rotates at least 90 degrees, coming to rest on its side. Many rollovers involve a full 180-degree rotation where the truck ends up upside down.
- The rollover is an uncontrolled, unintentional rotation caused by factors like excessive speed, cargo shift, brake issues, or driver error rather than an intentional maneuver.
- The rollover occurs on roads, highways, ramps, or other areas where large trucks are traveling, not just contained areas like loading docks.
- The truck may roll multiple times before coming to a stop, or it may roll and then slide on its side.
- Other vehicles may or may not be involved. Single-vehicle rollovers are common for large trucks due to their high center of gravity.
Essentially, any incident where a big rig, semi, or commercial truck leaves its normal upright position in an unplanned rotation qualifies as a rollover accident in Orange County.
In Numbers: How Often Do Rollovers Occur?
Rollover crashes may seem extraordinary, but they happen by the thousands each year in California. Take a look at these statistics from the California Department of Transportation:
- In 2021 alone, a total of 5,383 rollover (or turnover) accidents occurred in California.
- Of these collisions, 153 were fatal.
- Some 735 of those turnovers resulted in serious injuries while 1,724 led to minor injuries.
Throughout the US, the Federal Motor Carrier Safety Administration (FMCSA) keeps track of rollover accidents specifically involving large trucks. It found that turnovers triggered over four percent of all fatal large-truck accidents and another four percent of injurious truck crashes. In 2021, for instance, rollovers were the first harmful event in 224 truck crashes that resulted in deaths and 4,000 truck accidents that resulted in injuries.
These statistics tell us how much of a risk rollovers are. It’s also important to remember that these are not just numbers – each one of these accidents represents painful injuries, mountains of expenses, and in some cases, loved ones lost. We at Barrios & Machado Personal Injury & Accident Lawyers constantly work to help Californians get compensated after a devastating truck accident caused by someone else’s negligence.
The Complexities of Determining Rollover Truck Accident Case Liability
Unlike passenger vehicle accidents, where liability is typically limited to the drivers involved, rollover truck accidents can involve multiple parties, making the determination of liability more complex. Potential liable parties in a rollover truck accident case may include:
- The truck driver: Negligent actions by the truck driver – such as speeding, distracted driving, fatigue, or impaired driving – can contribute to a rollover accident. If the driver's negligence is established, they may be held liable for injuries and other losses.
- The trucking company: Trucking companies have a legal obligation to ensure their vehicles are properly maintained, their drivers are adequately trained, and they comply with federal and state regulations. If the trucking company fails to meet these obligations, it could indicate negligence on their part and may mean that they’re responsible for compensating victims.
- The truck manufacturer: If a defective truck component, such as faulty brakes or tires, contributed to the rollover accident, the truck manufacturer may be held liable under product liability laws.
- The cargo loading company: Besides truck operators, other entities may be responsible for loading the cargo, such as freight companies or couriers. They must follow loading standards because improper loading or securing of cargo can cause an imbalance in the truck's weight distribution, increasing the risk of a rollover. If they fall short of these standards, they may become liable for accidents.
- Other drivers: In some instances, the actions of other drivers on the road – such as cutting off a truck or causing the truck driver to take evasive action – can contribute to a rollover accident. Under California’s comparative negligence rule, these drivers may be found partially liable and may have to compensate victims as well.
- Government entities: Certain government agencies may be held responsible for rollover accidents if they failed to design or maintain safe roads. Examples of poor road conditions in California are unrepaired potholes, inadequate signage, poorly designed curves, or other infrastructure issues.
Investigating Rollover Truck Accidents
At Barrios & Machado Personal Injury & Accident Lawyers, we know how to conduct a thorough investigation to determine liability in rollover truck accident cases. Our experienced investigators and accident reconstruction experts will:
- Examine the accident scene: We will visit the accident site to gather evidence, take photographs, and analyze physical evidence.
- Review truck data: We will obtain and analyze the truck's electronic data recorder (black box) and driver logs to determine factors such as speed and hours-of-service compliance.
- Inspect the truck: Our experts will conduct a detailed inspection of the truck involved in the accident, looking for any mechanical defects or maintenance issues that may have contributed to the rollover.
- Examine the company: Many trucking companies have previously been cited for safety violations. We know where to look for these records and, if possible, leverage them as evidence of negligence.
- Interview witnesses: We will interview eyewitnesses, other drivers, and anyone else who may have valuable information about the circumstances leading up to the accident.
- Consult experts: If necessary, we will consult with more accident specialists to analyze the evidence and get expert opinions on the cause of the rollover accident.
By conducting a comprehensive investigation, we can build a strong case and identify all parties who may be held liable for damages from the rollover truck accident.
Evidence: Crucial in Determining Liability in a Rollover Truck Accident Case
Several types of evidence are crucial in determining liability in a rollover truck accident case, including:
- Truck's electronic data recorder (black box): This device records valuable data such as speed, braking patterns, and other vehicle performance information.
- Driver's logs: These logs document the driver's hours-of-service, rest periods, and compliance with regulations.
- Maintenance records: These records can reveal any mechanical issues or defects that may have contributed to the accident.
- Eyewitness accounts: Statements from eyewitnesses can provide valuable information about the events leading up to the accident.
- Accident scene evidence: Physical evidence such as skid marks, debris patterns, and damage to the vehicles can help reconstruct the accident.
- Expert testimony: Accident reconstruction experts, engineers, and other professionals can provide expert opinions on how the rollover accident occurred.
Damages in Rollover Truck Accident Cases
Rollover truck accidents can result in catastrophic injuries, including traumatic brain injuries, spinal cord injuries, amputations, and even wrongful death. At Barrios & Machado Personal Injury & Accident Lawyers PC, we understand the devastating impact these accidents can have on victims and their families. Our goal is to ensure you receive fair compensation for:
- Medical expenses (current and future)
- Lost wages and future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Wrongful death damages (if applicable).
When you work with us, we will fight tirelessly to hold the responsible parties accountable and help secure the maximum compensation you deserve for your losses.
Orange County Rollover Truck Accident FAQs
What are the most common causes of rollover truck accidents?
The most common causes of rollover truck accidents include:
- Excessive speed: Speeding increases the risk of a rollover, especially when navigating curves or making sudden maneuvers.
- Improper cargo loading: Unbalanced or improperly secured cargo can shift the truck's center of gravity, increasing the likelihood of a rollover.
- Tire failure: Blowouts or defective tires can cause the truck to lose control and roll over.
- Brake failure: Faulty brakes or inadequate maintenance can prevent the truck from slowing down or stopping, leading to a rollover.
- Driver error: Distracted driving, fatigue, or impaired driving can contribute to a loss of control and increase the risk of a rollover accident.
- Poor road conditions: Potholes, debris, or other hazards on the road can cause a truck to swerve or lose control, potentially resulting in a rollover.
Can I sue the trucking company if their driver caused a rollover accident?
Yes, it’s possible to sue the trucking company if their driver's negligence caused a rollover accident that resulted in injuries or damages. Trucking companies are responsible for the actions of their employees under the legal doctrine of "vicarious liability." This means that the trucking company can be held liable for the negligent actions of their drivers while they are on the job.
Additionally, trucking companies have a legal obligation to maintain their vehicles, hire qualified drivers and train them, and comply with state and federal regulations. If the trucking company failed to meet these obligations, and that failure contributed to the rollover accident, they may be held directly liable.
How long do I have to file a lawsuit after a rollover truck accident in Orange County?
In California, the statute of limitations for filing a personal injury lawsuit after a rollover truck accident is generally two years from the date of the accident. However, there are exceptions and variations to this rule, so it's essential to consult with an experienced attorney as soon as possible to ensure you don't miss the deadline.
Note that the statute of limitations may be shorter if the accident involved a government entity. Additionally, if the accident resulted in a wrongful death, the statute of limitations may be different.
Contact Barrios & Machado Personal Injury & Accident Lawyers
If you or a loved one has been involved in a rollover truck accident in Orange County, seek legal representation from experienced attorneys who understand the complexities of these cases. At Barrios & Machado Personal Injury & Accident Lawyers, we have a proven track record of success in handling truck accident cases and are ready to protect your rights and interests. Our bilingual legal team is here to assist you in English and Spanish, ensuring you receive the personalized attention and support you deserve during this difficult time.
Contact us today at (714) 515-9696 to schedule a free consultation and learn how we can assist you with your rollover truck accident case.
