How Do I Establish Fault After a Rollover Crash?
The question of “fault” when it comes to car accident claims and lawsuits usually relates to negligence.
All negligence cases have four main parts:
- The driver had a duty of care to obey traffic laws, follow industry regulations, and generally exercise “reasonable care” as an “ordinary person” in their profession would
- The driver had a breach in their duty of care, either by acting recklessly or by failing to take actions that would have prevented harm
- The breach directly caused the accident and the resulting injuries (proximate cause)
- The injury led to damages, including financial losses (special damages) and non-financial hardships (general damages)
After their accident, the injury victim will need to file a claim with the third-party liability insurance provider representing the at-fault truck driver or other at-fault parties. To prove that their claim is valid, the victim must be able to argue that the policyholder was somehow negligent.
Negligence can take many forms, including:
- A driver who was driving too fast or who was under the influence of over the counter drugs
- A trucking company that pressured drivers to complete routes in an unsafe manner
- An employer that failed to review hours of service logs to prevent drowsy driving
- A truck maintenance company that failed to keep the vehicle’s brakes in working order
- The company that owns the trailer if the trailer was found to have unacceptable safety defects because of poor maintenance
- Another driver who collided with the truck and caused the initial accident event
- The manufacturer of your vehicle’s safety systems if they failed to prevent injury in an unacceptable way
How a Rollover Accident Attorney Can Help You Prove Fault
Your truck rollover accident lawyer will investigate the circumstances of your accident and gather all the evidence they can to establish that one or more parties were negligent. Then, they will build a case to file a strong insurance claim that will, hopefully, result in a fair settlement for all of your losses.
If no reasonable settlement agreement can be made, your attorney can file a lawsuit. They will continue to negotiate with insurers and other parties in an attempt to reach a fair agreement. The case may proceed all the way to the point of a trial, where your attorney will argue in front of a jury that the defendant was negligent and that they should be responsible for repaying all of your damages.
Start the Claims Process with an Experienced Rollover Crash Law Team
You and your family are likely hurting after your truck rollover incident — in more ways than one.
Auger & Auger wants to provide you with the legal resources to assess all of your damages, build a strong case, and fight for compensation with every legal strategy available. We have a proven history of winning cases for our clients, so we know the techniques that get results. Please note that previous results do not guarantee future results, and that every case is different. The only promise we will make is that we will fight and work hard for you!
Find out how you can start filing a claim and seeking the compensation you need when you call (855) 969-5624 or contact us online for a free consultation with a truck accident lawyer near you.