According to the Federal Motor Carrier Safety Administration (FMCSA), rollovers account for 4% of all fatal truck accidents and 2% of all truck accidents nationwide each year. In New York, this translates to about 3,078 non-fatal rollover truck accidents and 149 fatal rollover truck accidents annually. So, even though truck rollovers aren’t the most common type of truck accident, they still cause considerable pain, suffering, and losses to thousands of New Yorkers.
Why Are Large Trucks Susceptible to Rollover Accidents in New York?
Rollovers are commonly seen in vehicles with high centers of gravity. The center of gravity refers to where a vehicle’s weight is evenly distributed. The lower the weight is distributed, the less likely the center of gravity is to shift and throw a vehicle off balance. The higher a vehicle’s center of gravity, the more susceptible it is to shifting when that vehicle makes a sharp turn, swerves suddenly, or trips on a hazard on the road. When the center of gravity moves, it can throw the vehicle off balance, result in the driver’s loss of control of the vehicle, and cause the truck to flip on its side or roll over completely.
Large tractor-trailers and other commercial trucks are particularly susceptible to rollovers because the center of gravity can depend on the cargo they’re carrying and how that cargo is loaded. A fully loaded tractor-trailer will tend to have a lower center of gravity than a truck that’s pulling an empty trailer. So, the empty truck may be less likely to overturn than the fully loaded 18-wheeler. However, other factors – like how the cargo’s weight is distributed throughout the trailer or truck bed – can also influence the center of gravity and the vehicle’s likelihood of overturning.
Truck drivers have to be able to adapt to changes in the vehicle’s center of gravity before and after cargo is loaded. If a semi-truck driver lacks this important skill, they might not be able to navigate an unloaded or loaded truck safely through New York City.
What Are the Most Common Causes of Truck Rollovers Accidents?
Most overturn truck accidents happen because of human errors, including:
- Speeding, especially around curves or on winding roads
- Executing sharp turns without braking or slowing down
- Improperly loaded cargo
- Driving with unsecured cargo
- Sharp, exaggerated maneuvers while the truck is in traffic
- Sudden braking
Truck rollovers can happen when the vehicle is thrown off balance by a driver’s error or when one or more of the vehicle’s tires “trip” on a hazard on the road. Tripping can occur if a tire hits debris in the road, a pothole, or even clips a curb.
What Evidence Can Help Me Recover Compensation After a Truck Rollover?
Truck rollovers can cause serious physical injuries like broken bones, spinal cord injuries, nerve damage, burns, brain injuries, and amputated limbs.
When you suffer catastrophic injuries in a truck rollover in New York City, you might be able to sue the truck’s driver, the trucking company, or another liable party for damages.
To win your rollover truck accident lawsuit, you’ll likely have the burden of proving that the defendant was negligent. This means showing that they breached a duty of care owed to you, caused the truck rollover, and that you’ve suffered damages because of it. You’ll need facts and evidence to make your case. Evidence that can be helpful in moving the needle in truck rollover accident lawsuits often includes:
- Data from the truck’s Electronic Control Module (ECM) or Event Data Recorder (EDR), which can indicate the truck’s speed, braking activity, and acceleration right before the truck overturned.
- Dashcam footage or other video evidence showing that the truck driver made a sharp turn without slowing down, moved aggressively between lanes, braked improperly, or was otherwise careless at the wheel.
- Photographs of the scene of the rollover accident showing tire tracks, skid marks, road hazards, and/or property damage.
- Eyewitness statements and testimony.
- Expert testimony from trucking industry professionals, accident reconstruction professionals, forensic professionals, scientists, and other specialists.
Showing how and why the truck rolled over, and demonstrating that it’s the defendant’s fault, can lead to a meaningful financial recovery.
When Should I Call a Truck Accident Attorney After a Rollover Crash in NYC?
As soon as you can. New York imposes a three-year statute of limitations on most truck accident cases. This gives you a three-year window from the date of your truck rollover accident to sue the truck driver, the trucking company, or another liable party in a court of law. There can be exceptions. If you believe that the truck rollover was due to governmental negligence – like unsafe road conditions – you’ll face accelerated timetables.
If you miss the filing deadline for your truck accident lawsuit, you’ll lose the ability to recover compensation for your medical bills, lost income, and pain and suffering. Calling The Platta Law Firm’s New York truck accident attorneys for help right away can protect your rights and help you maximize your damages. We offer 150+ years of combined experience handling high-stakes personal injury cases and case results that change lives. Your first consultation is free, so contact our NYC law office at 212-514-5100 to get started today.