Any type of collision between a truck and smaller passenger vehicle can be severe and result in life-threatening injuries. However, when a trucker rolls over a smaller car, the results are often devastating and even fatal.
If you or a loved one was injured in a Michigan override truck accident, a determined lawyer might be able to help. When the reckless or careless driving of a trucker lead to your injuries, you have legal rights and could pursue compensation directly from the negligent motorist.
While no amount of compensation might be able to restore the trauma you have experienced, a successful claim could help to alleviate your financial burden and allow you to focus on your recovery. A skilled attorney could discuss your rights and help you to decide how to best proceed.
Defining an Override Accident
No matter their type, commercial trucks are usually large vehicles that carry heavy cargo. As a result, truck drivers often find it difficult or even impossible to stop suddenly and safely. Unfortunately, this can result in a smaller stopped vehicle being driven over by a hurdling tractor-trailer or 18-wheeler.
The most common example of an overriding crash is when a commercial truck rear-ends a smaller vehicle. This might happen if, for example, the passenger vehicle is stopped at a red light and a reckless truck driver does not properly brake. However, there are multiple ways that a truck might override a smaller vehicle. These include:
- Head-on crashes
- Side-impact collisions
- Trucks with too much cargo
Determining how a collision occurred could be difficult, especially as a person recovers from their trauma. A Michigan attorney familiar with override accidents could help to investigate how a collision happened and determine whether a truck driver was at fault.
Proving Truck Driver Negligence in a Collision
No matter how apparent a person’s injuries are, the burden of proof during a civil lawsuit still rests with the claimant. Simply put, the injured must be able to prove that a truck driver was negligent and caused the overriding accident by demonstrating a number of legal elements.
- Duty—the truck driver had an obligation to drive safely and obey the rules of the road
- Breach of duty—the trucker breached this duty by, for example, speeding or becoming distracted behind the wheel
- Causation—the driver’s careless, reckless, or otherwise negligent behavior caused an overriding accident
- Damages—this accident resulted in the claimant’s injuries and subsequent losses
Establishing fault involves a complex legal process. A lawyer familiar with override truck accident claims in Michigan could work tirelessly to investigate a collision and gather evidence for a claim. Furthermore, some overriding crashes might be caused by the negligence of multiple parties. For example, some collisions are the result of poor maintenance, as well as trucker negligence.
So, if an accident occurred because a trucker driver was speeding, but their vehicle also had failing brakes or an error in hydraulic steering, the trucker’s company might also be named in a civil claim. Similarly, if a truck is overloaded, the individuals who loaded the vehicle might also be to blame.
What is Comparative Negligence?
Michigan uses a concept known as comparative negligence in all truck collision cases. According to Michigan Compiled Law §600.2959, a court will examine the actions of all involved parties when assigning blame—as a result, it might be determined that an injured claimant is partially at fault.
If this is the case, a claimant is not automatically barred from receiving compensation. However, their compensation would be reduced to match their proportionate degree of fault. For example, if a claimant is found to be 30 percent liable, they could still recover 70 percent of the awarded damages.
Consult a Lawyer After a Michigan Override Truck Accident
Due to their nature, Michigan override truck accidents can result in some of the most severe and life-threatening injuries of any type of motor vehicle collision. If you or a loved one was injured due to a trucker’s careless or reckless behavior, you have legal options and might benefit from reaching out to a compassionate lawyer for help.
Navigating the legal system alone might seem daunting, especially as you recover from the trauma. However, when another person’s negligence causes your injuries, you should not have to suffer the consequences alone.
A persistent attorney at Buckfire & Buckfire, P.C. could help to explain your rights, assess your legal options, and work to pursue the compensation you deserve. Call today to schedule a consultation.
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