Although any car accident can lead to catastrophic results, debilitating injuries, and astronomical medical bills, rollover accidents are among the most dangerous type of vehicular crashes, accounting for the highest fatality rate.
If you or a family member has been involved in a rollover crash due to another individual’s negligent, reckless, or intentional actions, it is important to understand your legal options and the remedies you can pursue. That is why we have prepared the following blog post.
In it, we will go over everything you need to know about rollover accidents, including the causes of these devastating accidents, the financial damages you may be able to pursue after this accident, and how an experienced car accident lawyer can help you fight for the justice and the money you deserve.
What to Know About Rollover Accidents
A rollover accident involves a car tipping onto its side or the roof at any point during a crash. Depending on the circumstances, the vehicle may roll over once or several times before it comes to a complete stop. However, while rollover accidents generally involve one or more vehicles, they are most common in single-car crashes and typically result in horrifying injuries.
Motor Vehicles That Are Most Likely to Rollover
Even though a rollover accident can be possible with any car, trucks, vans, and SUVs are more likely to flip over than other automobiles because of their higher center of gravity. In addition, heavily-loaded trucks or vehicles are more likely to roll over in an accident.
Common Causes of Rollover Crashes
The most frequent contributing factors to these devastating accidents include:
- Inadequate road conditions due to construction, bad weather, or debris
- Poorly constructed roads
- Steep geography
- Motorists operating their motor vehicles while distracted, tired, or under the influence of alcohol or drugs
- Turning too quickly for the speed the motor vehicle is traveling at
- Driving over an object, such as a curb
- Getting hit by another motor vehicle from the side
- Speeding, which accounts for almost 40 percent of all deadly rollover accidents
- Overloaded cargo
- Improperly loaded vehicles
- Tire conditions
- Inclement weather
However, if you were involved in a rollover accident for a reason not indicated above, do not let this stop you from discussing your case with a legal professional. Instead, reach out to an experienced rollover accident lawyer as soon as possible after your accident. These skilled attorneys can review the facts of your rollover crash, determine if you have a valid case, and determine the legal options you can pursue.
Injuries That Can Result From a Rollover Accident
According to the Insurance Institute for Highway Safety and Highway, approximately 7,182 passenger motor vehicle occupants died in a rollover accident in just one year. These single-vehicle rollover accidents accounted for 18 percent of occupant deaths in automobiles, 32 percent in pickups, and 30 percent in SUVs.
However, while the fatality rate with these types of accidents is high, these crashes can also result in debilitating injuries, including:
- Extensive head and brain trauma
- Internal organ damage and bleeding
- Spinal cord damage and paralysis
- Significant lacerations
- Back and neck injuries
- Limb loss
- Fractured bones
- Soft tissue injuries
- Facial injuries, including eye trauma
Yet, while the severity of these injuries will depend on the circumstances of the collision, even minor injuries can result in extensive medical bills and financial hardships. For these reasons, if you or a loved one suffered injuries in a rollover accident, contact an experienced rollover accident lawyer as soon as possible.
Your lawyers can determine the extent of your injuries and losses following this crash and determine which legal option you should pursue to help you secure the most compensation possible, ensuring you get the medical treatments you need.
Determining Fault Following a Rollover Accident
To bring a viable legal claim following a rollover accident, you first need to show that another party was responsible for your accident through their intentional, reckless, or negligent actions.
Generally, to establish negligence following an accident, you need a lawyer who can prove:
- There was a duty. Every driver has an obligation to operate their vehicle safely and follow the road rules, such as not drinking and driving and following the speed limit.
- There was a breach of duty. When a motorist does not abide by these rules, they can be in breach of their duty.
- Causation. Because the driver breached their duty, a rollover accident occurred.
- Damages. Due to this rollover accident, the victim suffered significant injuries and losses.
Unfortunately, proving fault following a rollover accident is an exhaustive process that requires a thorough examination and detailed evidence to show what happened and who was responsible. As a result, consider speaking with a knowledgeable rollover accident lawyer as soon as you can following your rollover accident. These attorneys can review the facts of your crash, obtain evidence to prove each of these elements, and establish who was at fault for the rollover crash.
Deadlines to File a Rollover Accident Legal Claim
Before you can secure compensation for the harm and losses you suffered in a rollover accident, you need to ensure your suit is filed before the time to file expires.
Under the statute of limitations, which is a law that mandates how long individuals have to file a legal suit following an alleged offense, victims of a rollover accident will only have a certain amount of time to file their suit. If they fail to file within this statutory period, the court can dismiss their case and stop them from collecting the compensation they are entitled to.
That is why to ensure you have enough time to file your legal claim following a rollover accident, consider discussing your case with a skilled rollover accident lawyer as soon as possible. These legal professionals can figure out how much time you have to file your legal suit while ensuring that your legal motions are prepared and submitted before this time expires.
The Compensation You May Be Able to Pursue Following a Rollover Accident
If you suffered harm in a rollover accident due to another person’s wrongful actions, you might be entitled to certain compensation. This compensation can be broken down into the following groups:
Economic Damages
Economic damages generally refer to payment for the verifiable losses that result from an accident, including payment for:
- Medical expenses (doctor visits, rehabilitation therapy, surgeries, assistive medical devices, medications, emergency care, and other types of treatments)
- Ongoing medical care and treatments
- Lost income, lost business opportunities, and reduced earning capacity
- Personal property damages, such as replacement and repair costs of your vehicle
- Replacement domestic services
- Other fees resulting from the collision
Non-economic Damages
Non-economic damages refer to payment for more personal injury due to an accident.
These losses include:
- Pain and Suffering
- Emotional issues
- Embarrassment
- Loss of enjoyment and quality of life
- Loss of consortium
- Loss of companionship
- Inconvenience
- Physical impairment and disfigurement
In addition, depending on the circumstances of your rollover accident, you may also be able to pursue punitive damages. However, unlike the above compensatory damages, the court only awards punitive damages to punish the wrongful party for their egregious actions and prevent others from committing this act. Consequently, these damages are not awarded frequently.
Protect Yourself and Your Rights After a Rollover Accident
Following a rollover accident, taking action can help protect your health and safety and your legal rights. That is why following these devastating crashes, if it is possible, you should consider doing the following:
Reach out to the Local Authorities
After your collision, call 911 right away. If you cannot do this on your own, have someone around you call. This is the fastest way to alert emergency crews of your injuries and the police of the crash.
In addition, once these authorities get to the scene, they can provide you with the emergency medical treatment you require, investigate the incident, and write down their observations in their police report. If you file a legal claim following your rollover accident, this police report can provide your attorney with valuable information regarding what happened.
Get to a Medical Professional
Even if you do not require emergency medical treatment, get to a medical professional as soon as possible. These healthcare professionals can verify that you do not have any severe hidden injuries, such as traumatic brain injury, which can take time for symptoms to manifest. They can also provide you with a medical report detailing the extent of your harm and provide your attorney with evidence of a direct link between your rollover accident and the trauma you suffered.
If the other side or the insurance company tries to argue that your injuries resulted from a different event or are not as serious as you claim, this report can help validate your claims.
Reach out to an Experienced Rollover Accident Attorney
Working with an attorney can not only provide you with the legal support you require during this challenging time, but these attorneys can also thoroughly investigate your accident.
They may secure the evidence needed to help validate your claim, such as videos and photos of:
- The accident scene
- The placement of the automobile involved in the collision on the road
- The damage to your car
- Traffic lights and signals near the collision site
- Skid marks
- Road defects
- Other details
These lawyers can also speak with witnesses from the accident scene and obtain further information regarding the crash, as well as testimony that can help collaborate your claim and assist you in going after the financial damages you are entitled to.
Watch Out for the Insurance Companies
After a rollover accident, the insurance company may call you regarding your accident, and while you may think that this is because the insurer wants to help you get the money you need, in most cases, this is the farthest thing from the truth.
Insurance companies want to make money, and they earn this profit when they do not have to pay out the total amount on accident claims. For these reasons, it is common for these insurers and their representatives to try to find anything they can to use against you after your accident.
As a result, before you speak with these companies, consider discussing your case with a skilled rollover accident attorney. These lawyers can handle these conversations with the insurer on your behalf and ensure the insurance company does not try to take advantage of you and your situation.
Contact an Experienced Rollover Accident Attorney and Fight for the Damages You Deserve
If you are struggling after a rollover accident and want to discuss your legal options, reach out to an experienced rollover accident lawyer as soon as possible. Once retained, your attorneys can review the circumstances of your rollover collision, determine whether you can pursue legal action, and determine your legal options.
They can also:
- Determine what happened, who was responsible, and the total extent of your losses and damages.
- Handle settlement negotiations and fight for a fair settlement amount.
- Consult experts regarding your case, including medical specialists, financial experts, and accident reconstructionists, to help validate your legal claim.
- Represent you in front of a judge or jury if the other party is unwilling to settle your case for a fair amount and fight for maximum compensation.
Do not wait to get legal help after a rollover accident disrupts your life. Instead, contact a skilled and knowledgeable personal injury attorney today for a free case evaluation and learn how these lawyers can help you fight for the justice you deserve and the financial recovery you need.