Articles Of Law

posted by Admin on Oct 29

One of the more common of truck accidents is the rollover. Anyone who has listened to even a few morning traffics reports on the radio has heard at least one account of a truck rollover. In the best case scenario, there are no injuries or fatalities and the driver is able to walk away with a damaged truck. In the worst cases, there are multiple injuries and fatalities which may include the truck driver and numerous innocent victims.

Most truck rollovers happen on the exit or entrance ramps of highways and toll ways. Truck drivers may fail to slow down and roll over as they go up the ramp. They may misjudge the curve of the ramp which can also cause a rollover. The disabled truck could fall on and crush any vehicles in its way. If the ramp is elevated over other lanes of the highways, a rollover truck can crash down on the lower lanes damaging unsuspecting cars and vehicles traveling on that lower lane.

There are other factors that may contribute to truck rollover accidents. Impaired drivers are the cause of many accidents including rollovers. They may be intoxicated on alcohol and unable to make proper decisions. The driver may have taken a drug that hampers their reaction times or blurs their vision. The truck driver may have gone too many hours with out enough sleep and are drowsy.

Truck drivers can also be impaired by their emotions. An angry or aggressive driver may drive recklessly, speeding after other drivers for revenge. This kind of driving can get out of hand and the driver no longer has control of the truck. They may switch lanes too fast, making the trailer unstable and forcing the truck into a rollover.

Some trucks rollover due to poor maintenance. Under inflated tires can impact the stability of a truck and tip it over. Poorly maintained brakes can also throw the truck off and may result in a rollover.

Another factor that can lead to truck rollovers is an excessive or poorly balanced load. A truck needs their load to be equally distributed in order to maintain stability. A load that is too heavy on one side can tip the truck over. A load that is too big can shift inside the trailer, throwing the weight distribution off and leading to a rollover. The load can also shift if the driver makes sharp turns, especially if they are moving too fast.

Truck drivers must have the skills to handle a variety of road situations and conditions. They need to know how to calculate their speed so they can safely go around turns without tipping over. They need to maneuver exit and entrance ramps on the highway, driving at a safe speed to ensure their truck remains upright.

They also must avoid any substances that impair their driving. They need to get adequate sleep and maintain composure even if other drivers get aggressive. As professional truck drivers they should have the training and skills to safely drive the roads without causing rollover accidents that harm themselves and others.

This article should not be construed as legal advice.

Continued Legal Information: For more information on truck rollover accidents visit TruckAccidentLaw.org. Serving clients nationwide.

posted by Admin on Oct 28

When someone is injured on someone else’s property, it falls under the category of premises liability claims. When a slip and fall injury occurs on someone else’s property, the owner may be found responsible for the injuries.

Determining Fault

Determining who was negligent in a slip and fall case depends on whether the property owner was careful to avoid injury to their guests, or whether the guest was simply acting recklessly.

Generally, the injured party must show that there was a dangerous condition on the property where the injury occurred, and that the owner was aware of the condition. To prove that the owner was aware of the condition, one of the following must be true:

• The owner created the condition
• The owner knew of the condition and didn’t act to correct the unsafe condition
• There was an extended period of time that the condition existed, and therefore the owner should have been aware of the condition and could have acted to correct it

Commercial Property

On commercial property, there are a number of people that might be found liable for any injuries that occur there. If the property is rented from the actual property owner to a business, both the business and the property owner may share responsibility for any unsafe conditions present.

Residential Property

On residential property, generally the homeowner will be found responsible for any unsafe conditions. In the cases of rented residential property, a landlord may be found to be responsible for injuries to their tenants or their tenant’s guests. For the injury to be caused by the landlord’s negligence, it must be shown that the landlord was responsible for the dangerous condition or responsible for correcting the dangerous condition. It must also be shown that the dangerous condition could have been remedied without too much difficulty, and that an injury was foreseeable given the dangerous condition. However, if the condition was caused by the tenant, and the landlord had no control over the dangerous condition, then the tenant is responsible for injuries that occur on their property.

In any slip and fall case, the injured person has a duty to exercise reasonable care for their own safety. In some cases, comparative fault will determine how much the injured person can recover when they are injured on someone else’s property. If the plaintiff is found to be 30% responsible for their own injuries, they will only receive 70% of the total damages.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about premises liability law.

Related Legal Site: For additional information on slip and fall injuries please visit Searcylaw.com