Override Truck Accidents

Override truck accidents are a particularly hazardous type of collision involving large commercial trucks. In these incidents, a large truck rides over a smaller vehicle, often resulting in severe injuries or fatalities for the occupants of the smaller car.

What Causes Override Truck Accidents?

Several factors can contribute to override truck accidents, many of which are preventable. Common causes include the following:

1. Distracted Driving: When truck drivers are distracted by mobile devices, navigation systems, or other in-cab activities, they are more likely to miss critical cues on the road.
2. Speeding: Driving at excessive speeds reduces the time a driver has to react to sudden changes in traffic conditions, increasing the likelihood of an override collision.
3. Following Too Closely: Tailgating or not maintaining a safe distance between vehicles can lead to crashes when sudden stops are necessary.
4. Brake Failure: Mechanical failures, such as brake malfunctions, can cause a truck to be unable to stop in time, resulting in an override accident.
5. Weather Conditions: Adverse weather such as rain, snow, or fog can reduce visibility, heightening the risk of such collisions. 

Understanding these causes is essential for implementing measures that can prevent override truck accidents and protect all road users.

Common Injuries in Override Truck Accidents

Victims of truck accidents often sustain a range of serious injuries due to the sheer size and weight of commercial trucks. Some of the most common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Broken bones and fractures
• Internal injuries
• Whiplash and neck injuries
• Burns 
• Nerve damage
• Soft tissue injuries

Each of these injuries can have devastating and long-lasting effects on the victim’s quality of life, making it imperative to seek immediate medical attention and competent legal representation following a truck accident.

Potential Liable Parties in and Override Truck Accident Cases

Determining liability in an override truck accident can be a complex process, as there are multiple parties who may be responsible. Some of the potential liable parties include:

• Truck Driver: The driver of the truck may be liable if they were driving recklessly, under the influence, or in violation of traffic laws at the time of the accident.
• Trucking Company: The company that owns the truck may be held accountable if they failed to maintain the vehicle properly, hired unqualified drivers, or violated Federal Motor Carrier Safety Administration (FMCSA) regulations.
• Truck Manufacturer: In cases where a defect in the truck or its components (such as brakes or tires) caused or contributed to the accident, the manufacturer of the truck or its parts may be held responsible.
• Maintenance Providers: Companies or individuals responsible for the maintenance and repair of the truck may be liable if their failure to adequately maintain the vehicle led to the accident.
• Government Entities: If poor road conditions or inadequate signage were factors in the accident, the government entities responsible for roadway maintenance and safety may be held accountable.

Identifying the appropriate liable parties is essential for ensuring that victims receive full compensation for their injuries and losses. Consulting with an experienced truck accident attorney in Phoenix can facilitate a thorough investigation and accurate determination of liability.

The Statute of Limitations in Override Truck Accident Cases

In Arizona, the statute of limitations for filing a truck accident lawsuit is generally two years from the date of the accident. 

12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

This means that victims have a limited timeframe within which they can initiate legal proceedings to seek compensation for their injuries and losses. It is crucial to adhere to this deadline, as failing to file a claim within the two-year window can result in the forfeiture of the right to pursue legal action. 

It is also important to note that certain exceptions may apply, depending on the specifics of the case. For instance, if the accident involved a government entity, different rules and shorter time frames might be in place. 

Consulting with an experienced attorney as soon as possible can help ensure that all legal requirements are met and that the victim’s rights are protected. If you need help, contact us today to schedule a free consultation.