An override accident happens when a commercial truck drives over the top of a smaller vehicle, usually from behind. The size difference between a fully loaded semi and a passenger car makes these truck accidents some of the most dangerous on the road. The roof of a standard car simply isn’t built to withstand the weight and force of an 80,000-pound truck climbing over it.
El Paso sees a high volume of commercial truck traffic due to its location along major interstate corridors and the U.S.-Mexico border. That constant flow of freight trucks through the city increases the chances of serious accidents, including overrides. If you have been involved in one of these crashes, here’s what you should know.
What Causes Override Accidents?
Override crashes typically happen when a truck rear-ends a smaller vehicle with enough force to ride up and over it. Several factors can contribute to this, such as:
- The truck driver was following too closely and couldn’t stop in time
- Fatigue kept the driver from noticing slowed traffic ahead
- Brake failure due to poor maintenance or a mechanical defect
- Poor road conditions that increased the truck’s stopping distance
The weight of a commercial truck means it needs far more room to come to a complete stop than a regular car. At highway speeds, that stopping distance can stretch to the length of two football fields. A driver who isn’t paying close attention or who is following too closely has very little margin for error.
What Damages Can I Pursue After an Override Accident in El Paso, TX?
Two forms of compensatory damages are available to override accident victims in Texas: economic and non-economic. Punitive damages might also be awarded in especially rare cases.
Economic damages cover your financial losses, such as:
- Medical bills, both current and future
- Surgery and hospitalization
- Rehabilitation
- Lost wages
- Reduced earning capacity
- Out-of-pocket expenses
Non-economic damages represent your more personal losses, like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability
- Scarring and disfigurement
In cases involving a fatality, surviving family members may also be able to file a wrongful death lawsuit to recover additional compensation.
How Is Fault Determined in an El Paso Override Accident?
In most override cases, the truck driver bears the majority of the blame. A rear-end collision generally points to the following driver as the negligent party, and that presumption is even stronger when the following vehicle is a commercial truck with a trained professional behind the wheel.
That said, the trucking company may also share responsibility. If the driver was on the road past their hours of service limit, for instance, the carrier’s negligence contributed to the crash just as much as the driver’s. Texas law allows you to pursue claims against multiple parties in the same case, which can increase the total compensation available to you.
Contact an El Paso Truck Accident Attorney for a Free Consultation
Were you involved in an override accident in El Paso, Texas? Contact us at Cal Mundell Law Firm, PLLC for legal help and a free consultation at (915) 250-0700. Our El Paso personal injury lawyer has recovered millions of dollars for our clients and works on a contingency fee basis, which means you only pay attorney’s fees if we win compensation for you.