Rollover Truck Accidents in Columbia
Rollover truck accidents in Columbia can cause significant injuries and death due to the size and weight of these commercial vehicles. When you or a close relative are injured in a rollover truck crash caused by negligence or reckless behavior by a driver, a dedicated truck accident attorney could help you seek compensation and protect your legal rights.
Damages from a successful lawsuit can recover economic losses such as your lost salary or medical bills, and noneconomic losses including pain and suffering or impairment of your spousal relationship.
Causes of Rollover Accidents and Other Potentially Liable Parties
Commercial trucks with a trailer are susceptible to rollover accidents due to their size and the weight of their trailer loads. Commercial trucks without trailers, such as delivery trucks, box trucks, or tow trucks, are also susceptible to rollovers due to their size and high center of gravity.
Excessive load size, driver errors, and defects or issues with the vehicle’s condition are common causes of rollover accidents. For example, a driver using excessive speed when making a turn is exposed to a rollover accident.
Aside from mistakes by the truck driver, a lawyer in Columbia who has experience with rollover truck accidents could help evaluate whether additional parties are potentially liable. This could include the truck’s owner if it is not owned by the driver, a truck leasing company, the vehicle’s manufacturer, the manufacturer of a defective piece of equipment or component used in the truck, and individuals responsible for loading a truck with excessive cargo.
For example, an injured party can attempt to establish the truck driver’s employer contributed to accident by showing they failed to properly train the driver or caused the driver to work excessive hours. A vehicle or component manufacturer is also exposed to liability when a faulty design, installation, or piece of equipment contributed to the accident.
Damages When an Injured Party Contributed to the Negligence
A lawyer in Columbia could advise clients on potential implications when the facts show they shared fault in causing rollover truck accident, otherwise known as contributory negligence. Many states limit damages or prohibit a plaintiff’s claim when they engaged in negligent behavior that also caused the crash.
The state follows the doctrine of pure comparative negligence if a truck driver and an injured party are both found at fault. Under this doctrine, explained in Missouri Annotated Statutes § 537.765, a plaintiff’s recovery is capped at the percentage of their negligence that contributed to the accident.
This means when a plaintiff’s contributory negligence was 50 percent, their recovery is capped at 50 percent of the damages sought. There is no cap on damages that bar a plaintiff from recovery, meaning if an injured person’s negligence contribution is 90 percent, they can recover up to 10 percent of the damages sought.
Claims Do Not Last Forever Under the State Law
An attorney could also advise people injured in rollover truck accidents in Columbia as to whether their claim is barred by the state’s statute of limitations, found in Mo. Ann. Stat. § 516.120.
The state’s statute of limitations for personal injury claims from rollover truck accidents is five years from the date of the incident, and the court can dismiss the claim if it is not brought within this time period.
When the time limit for a claim appears to have passed, an attorney could help determine whether there are possible exceptions to the statute of limitations. For example, the five-year statute of limitations for minors in the state begins to toll at the age of 21 regardless of the date of the crash.
Call an Attorney Immediately for Assistance with Rollover Truck Accidents in Columbia
Please contact a lawyer as soon as possible when you or a close relative are injured in rollover truck accidents in Columbia. Filing your claim in a timely fashion is necessary to recoup compensation.
The Law Office of Chris Miller could advise you on dealing with insurance companies, relevant state laws and the filing process for these lawsuits. Call today to schedule your private consultation.