Fortunately, accidents involving large trucks and tractors are fairly rare, compared to the average number of motor vehicle accidents each year involving smaller cars. Due to the large size of these trucks, however, when an accident does occur, it is more likely to be very serious and often result in fatality or severe injury. One of the most common types of accidents that is fairly unique to large trucks is a rollover, which occurs when a truck topples over either onto its side or completely upside-down.
Going through a rollover truck accident in New York can be traumatic for any driver, regardless of injury. A serious back, neck, or head injury only makes the situation worse, and can result in loss of income, medical bills, and long-term care requirements. The New York truck accident attorneys at Wingate, Russotti, Shapiro & Halperin, LLP know how to protect your rights and will fight to get you the compensation you deserve. A rollover truck accident is stressful enough without the need for worry about bills and future employment. Call us today at (212) 986-7353 to discuss the details of your case.
In the event of a serious rollover truck accident, there is often a tendency to place blame on the driver of a truck. While the driver is certainly responsible for controlling the vehicle, there are often mitigating circumstances that can take that control out of the driver's hands. For example, if the trailer was overloaded beyond a safe weight limit, without the driver's knowledge, then he or she may end up in a rollover accident even though every reasonable safety precaution was taken while operating the vehicle.
Similarly, a mechanical flaw can cause an accident. If a truck is built with a flawed trailer attachment or other design mistake, then a rollover accident can occur. These types of issues can make the manufacturer of a truck liable for an accident, if the manufacturing mistake caused the rollover and there is evidence that the company was aware of the issue or failed to discover the issue due to negligence on its part.
Although different factors can create a situation in which a rollover occurs, there are a few common causes that should be avoided to prevent such a crash.
- Speeding. Unfortunately, speeding and the desire of a truck driver to more quickly reach a destination are the most common causes of a rollover truck accident. This can be avoided by setting reasonable schedules for a truck driver, and ensuring drivers are properly trained to operate a truck at a safe speed.
- Sharp Curves. Roads are designed with all types of vehicles in mind, but sharp, sudden curves are usually easier for a smaller car to handle than a massive truck and trailer. Trucking companies should keep these types of features in mind when planning out a route for a driver.
- Overloaded Trailers. Trucks are meant to haul loads up to a specific weight limit. If a trucking company knowingly goes over that limit, then it can create a hazardous situation in which a rollover is more likely to occur. Such negligence can make the company liable for the accident, especially if the driver was unaware of the weight violation.
The first thing you should do after any accident, including a rollover, is contact emergency services and seek immediate medical attention. Even if you feel like you only sustained a few bruises or scrapes, you may have suffered injuries that do not become immediately obvious. Follow any instructions emergency workers provide, and be honest when talking to police, though you should not admit to any fault for the accident.
Once your medical needs have been taken care of, contact a lawyer with experience in motor vehicle law and rollover cases. The NY personal injury lawyers at Wingate, Russotti, Shapiro & Halperin, LLP have years of experience fighting for the rights of drivers and can answer your questions and discuss the details of your case. It is extremely important following an accident that you do not talk to any insurance company, and never sign anything offered to you by an insurance company.
Contact us by using our online contact form or call us at (212) 986-7353. Let us deal with the insurance company, file your compensation or civil claims, and protect your rights.
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The plaintiff asserted that the injuries suffered in the collision with the truck will permanently prevent her from working.
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Our client in this case was a 37-year old man who was injured when his parked school bus was sideswiped by the defendants' commercial truck.
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Joseph Stoduto and Bryce Moses were able to obtain a settlement in the amount of $1,150,000 on behalf of our client, a 35-year-old man from Kings County.
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Wingate, Russotti, Shapiro & Halperin attorney settled the case of our client being rear ended by an electrical contractor truck on the Van Wyck expressway.
Joseph Stoduto was able to obtain a settlement in the amount of $750,000 on behalf of our client, a forty year old man from Queens County.
Joseph Stoduto was able to obtain a settlement in the amount of $205,000 on behalf of our client, a thirty year old man from Kings County, NY.