An override accident is a severe form of truck accident in which a large truck overtakes another vehicle, motorcyclist, or pedestrian from behind. The massive size and extreme weight of these vehicles means that any mistake or negligence on the part of the driver or the trucking company may lead to serious injuries. Knowing whom you should name in your lawsuit and the amount of compensation that you should seek is a complex endeavor, particularly if you are also coping with devastating injuries. Greenville and Spartanburg truck accident lawyer Patrick E. Knie is here to assist you with pursuing the financial support that you need to get your life back on track.Override Accidents Cause Serious Injuries
Override accidents commonly occur due to the weight distribution and structure of trucks. When fully loaded, an 18-wheeler bears substantially more weight in the trailer compartment compared to the tractor. If the driver loses control of the vehicle or experiences an equipment malfunction, the trailer may cause the vehicle to spin, topple over, or careen forward. A driver may lose control of the vehicle for a variety of reasons, including speeding, tailgating, or reckless driving. Truck drivers are required to exercise a certain level of care when operating a truck, which consists of the same reasonable care and skill that a prudent truck driver would use. This includes adhering to any applicable regulations and traffic laws, such as prohibitions against distracted driving and requirements regarding yielding the right of way when appropriate.
Also, a driver who fails to adjust their driving to inclement weather or heavy traffic is operating a truck below the standard of care. Drunk driving would also fall below the standard of care and may even rise to the level of recklessness. If a driver engages in willful or wanton conduct that shows a conscious disregard for the safety of others, they (or their employer) may be required to pay punitive damages, which are a separate category apart from compensatory damages.
In addition to a truck driver’s responsibility to operate the vehicle with due care, trucking companies have a responsibility to ensure that they retain responsible drivers with clean driving records and that they perform routine inspection and maintenance of their vehicles. Override accidents may also occur when the truck experiences a malfunction, including faulty brakes and steering mechanisms. Also, if a trucking company hires a driver who has several violations in their driving history like DUIs or speeding tickets, the trucking company may be directly liable for any accidents that the driver causes.
Whether the truck driver or the trucking company is implicated, a plaintiff will need to show that either or both parties acted negligently and that this negligence was the cause of the injuries that they sustained. In many cases, a plaintiff will sue both the driver and the company even if the company was not independently negligent because employers are vicariously liable for any careless acts that their employees commit during the course and scope of their employment. An experienced truck accident lawyer can help you determine a strategic approach to take when naming parties to the litigation.Seek Guidance From a Truck Accident Lawyer in Greenville or Spartanburg
An override accident may lead to catastrophic injuries, especially when it occurs at high speeds or in heavy traffic. The disruption and stress that the accident may create are also difficult for victims and their families, especially if the accident results in permanent injuries that prevent the victim from returning to their usual activities and occupation. Representing people in Union, Laurens, and Cherokee Counties, as well as the surrounding areas, motor vehicle collision attorney Patrick E. Knie is prepared to assist you with bringing your claim against a negligent truck driver or trucking company. Call us now at (864) 582-5118 or contact us online to set up a free consultation with a lawyer in Greenville or Spartanburg.