(845) 802-0047One of the most dangerous types of New York trucking accidents is rollover crashes. The rollover could occur to the commercial vehicle that is rollover over or jackknifed, or the impact to the passenger vehicle causing it to roll over and flip. The danger is magnified the longer the tractor-trailer is and the more cargo that it has on board. Individuals who are involved in rollover crashes in New York may be seriously injured or wrongfully killed due to the auto accident. Under New York law, these individuals may be entitled to compensation for their injuries. In terms of personal injury cases, rollover crashes due to New York trucking accidents can cause some of the most significant and deadly injuries possible.
This is because rollover crashes result in several different types of injuries that are unique to rollover crashes. The most obvious injury is a crushing injury due to the tractor-trailer and its cargo rolling over and onto other vehicles or individuals. A truck and its cargo could flip and roll over on top of several other vehicles and instantly crush the occupants inside. A cargo truck could also spray debris as it rollover over and literally shower shrapnel on the roadway or into other vehicles. When this cargo is heavy construction material or rocks, this could easily be deadly. In high-speed rollover crashes, a truck could barrel roll and collide with several other vehicles up and down the road, therefore, causing a path of destruction like a tornado.
The other type of injury due to a rollover crash is the violent turning and flipping that occurs in a rollover. This is usually when the commercial truck hits another vehicle with such force that it propels the smaller vehicles into a roll. This roll is violent and will yank and pull at a victim up and down. This will cause serious injury to joints, particularly the shoulders and hips that are belted in, as well as to the spine, neck, and head. These types of injuries could be catastrophic and debilitating, even leading to paralysis without any signs of damage like lacerations or bruises.
When Do Rollover Crashes Occur? What are some Common Causes?
There are several instances when New York trucking accidents could result in rollover crashes. Most of the time these rollover crashes could be completely avoided with reasonable care under the circumstances while a truck driver is using or operating his or her commercial vehicle. Said differently, most of these rollover crashes are due to reckless, careless, and downright negligent conduct by a truck driver or trucking company.
Therefore, the most common causes of New York trucking accidents resulting in rollover crashes include the following:
- Speeding, especially around curves, bends, or turns;
- Braking too hard around a turn or maneuver;
- Taking a turn too fast or at the wrong angle;
- Failing to driver at a speed appropriate for the weather conditions such as snow or ice;
- Improper maintenance or negligence repairs;
- Failing to properly train and monitor employees;
- Making last minute decisions to turn or not turn;
- Neglecting to compromise enough space between the commercial vehicle and other vehicles;
- Aggressive driving, especially lane changes;
- Accelerating too fast on entrance ramps or failing to brake on exit ramps;
- Drunk driving or drugged driving;
- Distracted driving;
- Failing to brake in time and following too closely; and
- Other common causes.
Are Trucking Companies Liable for Rollover Crashes?
Rollover crashes are usually the result of reckless, careless, or downright negligent conduct by a truck driver. While you may think that the truck driver is solely liable for these actions, if the truck driver was in the scope of employment during the time of the crash, the trucking company will likely be liable for the New York trucking crash. This is because an employer is generally liable for the negligence of its employee when that negligence is caused within the scope of business. This is a type of vicarious liability known as respondeat superior, which means that the actions of one will bind another.
This relates back to the early common law, or judge-made law, regarding the master-servant relationships. Therefore, even if a truck driver has committed egregious and negligent actions, even something such as speeding when the employer prohibits drivers from speeding and employer may still be liable to a victim for the employee’s negligence.
Injured in a Rollover Trucking Accident? Call our New York Trucking Accident Lawyer
Rollover crashes usually result in catastrophic personal injuries or wrongful death. If you or a loved one have been seriously injured or if a loved one was wrongfully killed in a rollover crash, you may be entitled to compensation for your injuries. This includes compensation for pain and suffering, medical bills, lost income, lost future income, loss of relations with loved ones, property damage, and other damages related to the crash. Call our New York trucking accident lawyer to learn how we can help you today during a FREE consultation.