Because of their sheer height and excessive weight, big rigs are inclined to roll over in traffic. When they happen to do so around other vehicles—which is almost always the case—the resulting wreck is usually catastrophic.
Fortunately, those who get hurt in such accidents are often entitled to monetary compensation for the losses they incur. Before they can recover a payout, though, they’ll have to determine why the truck rolled over in the first place and who was ultimately to blame.
That means if you were hurt in a rollover accident and you intend to take action, you’ll first have to identify all the parties that played a role. While every wreck is unique, you’ll probably end up filing a claim against at least one of the following parties:
1. The Trucker
If the trucker manages an independent operation, he or she will likely be responsible for the accident, assuming the rollover can be attributed to his or her negligence. Thankfully, independent truckers are required to carry a considerable amount of liability coverage, so there should be at least some funds readily available to cover the damages.
2. The Motor Carrier
If the trucker was at fault for the wreck but doesn’t operate independently, his or her employer is probably liable. Generally speaking, companies are responsible for any damages their employees cause while performing their job duties.
3. The Cargo Loading Contractor
If the truck rolled because of shifting cargo en route, the loading company may be to blame. Motor carriers often rely on third parties to load their vehicles, and these parties have an obligation to secure everything properly. Should they fail to do so, the consequences could be devastating.
4. The Municipality
The government agencies responsible for designing and maintaining roadways must account for the limitations that 18-wheelers have when maneuvering in traffic. If these entities fail to ensure adequate conditions for big rigs, they could be liable for any accidents that occur as a result.
5. Another Motorist
Sometimes, truckers are forced to make sudden maneuvers because of the motorists around them. If another driver was ultimately to blame for the roll over accident, you’ll likely file a third-party claim with his or her auto insurance carrier.
As long as you meet the state’s “serious injury” threshold, you can bypass the no-fault insurance system and take action against the liable motorist. In Minnesota, injuries are considered “serious” if they result in at least $4,000 in reasonable medical expenses, at least 60 days of disability, or disfigurement. The family members of those who died from their injuries are also entitled to bypass the no-fault system.
Call 800-770-7008 to Discuss Your Case with a Minneapolis Truck Accident Lawyer
If you were seriously hurt in a rollover truck accident, you can count on Bradshaw & Bryant for help navigating the claims process. Our firm is committed to helping injured parties and their families recover the funds needed to regain their financial security. Call 800-770-7008 or complete the Contact Form on our site to schedule a free, no obligation case review with a truck accident attorney in Minneapolis.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
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