Looking for a Rollover Accident Lawyer?
Should you hire one?
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In this article, we will break down the legal profession of a Rollover Accident Lawyer so you know all there is to know about it!
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Table of Contents
What Does A Rollover Accident Lawyer Do
A rollover accident lawyer or automobile rollover accident lawyer is a legal professional specialized in handling car accidents particularly in dealing with a rollover-type of accident.
There are different types of car accidents, such as:
- Head-on collisions
- Run-off-road collisions
- Rear-end collisions
- Side impacts
- Lane departure crashes
- Collisions with pedestrians or cyclists
- Rollover accidents
A rollover occurs when a car or motor vehicle rolls on its side or flips over.
According to a 2010 report, approximately 2.1% of car accidents were qualified as “rollover” accidents.
Generally, the more a car is stable, the less likely it will end up in a rollover accident.
However, when a vehicle’s center of gravity is altered it can cause instability of the car and chances of rollover accidents can increase on the road especially when taking a sharp turn.
Rollover accident lawyers understand the key aspects and elements of rollovers and can help establish the cause of the accident and potential liability.
A person injured in a car accident due to a rollover or someone sued for this reason can contact or speak to a qualified lawyer for legal representation in either seeking compensation or defending against a claim.
Should You Hire A Rollover Accident Attorney
In reality, it is not mandatory to hire a “rollover” accident lawyer or law firm to represent you in most car accidents.
When the circumstances of the accident are simple or undisputed or when the damages are only minor, there may not be any compelling reason to work with a good attorney dealing with an accident on the road.
However, when it comes to rollovers, the situation may be different.
In the context of a rollover accident, the evaluation of the circumstances of the accident is important.
The very nature of a “rollover accident” suggests that there may be important damages to the car or perhaps physical injuries to the vehicle occupants.
Working with the best rollover accident lawyer can provide you with the following benefits:
- Have a qualified person evaluate the circumstances of the accident
- Investigate the root cause of the accident
- Review and evaluate the police report or deal with experts to recreate the scene of the accident
- Review medical records and identify completeness of the medical evidence
- Speak with witnesses, doctors, health professionals
- Gather the evidence necessary to support a claim or lawsuit
- Determine liability of the at-fault party
- Negotiate a fair settlement with the opposing counsel
- Draft legal pleading documents and file the appropriate lawsuit
- File claims with insurance companies and negotiate with them
If you or a loved one was injured in a rollover accident, it may be worth consulting with a lawyer experienced in car accidents caused by rollovers to better understand your rights and obligations.
Common Causes of Rollover Accidents
There are many reasons why car accidents occur in general.
However, did you ever wonder what are the common causes of rollovers?
Here is a list of different reasons why a person may get into a rollover:
- Turning to quickly at high speeds
- Car design like driving a an SUVs having a higher center of gravity
- Improperly maintained roads can result in rollovers (potholes, uneven pavements etc)
- Driving too fast and excessive speeds
- Poor driving behavior
- Driver distraction
- Driving under the influence of alcohol or drugs
- Defective parts
- Driver inexperience
- Poor weather conditions (ice, snow, rain, etc)
- T-bone impacts
- Excessive tire grip
- Driver age and gender
Statistics show that more than 75% of rollover fatalities were caused by excessive speeding at speeds over 55 mph.
It’s worth noting the car design can also affect the likelihood of an accident where the car flips on its side or rolls over itself.
If the car has a narrow track width or high center of gravity, it may be more unstable in turns or when a quick maneuver is required on the road.
Also, “tripping” is a leading cause of rollover accidents where an object (debris, objects, potholes, etc) hits the car negatively affecting the car’s movement leading the car to “trip”.
Defective Parts Causing Rollovers
An important cause of accidents leading to a car flipping over is due to defective vehicle parts such as defective tires or others.
The defective parts may have been installed by the manufacturer right from the outset when the car was produced or may have been installed in the after-market (this leads to manufacturer liability).
An auto part may also malfunction due to poor maintenance or even the lack of maintenance by the driver.
If an accident causing personal injuries and harm was caused by a defective part where responsibility can be attributed to the manufacturer of the vehicle or the part, then the victim may have a product liability claim against the company in question.
To prove a rollover crash, the plaintiff will need to prove the following elements in court:
- The vehicle (or the auto part in question) was unreasonably dangerous
- The car was being used as it was intended
- The car was not modified or substantially changed from the moment it was purchased
A valid claim may be lodged if the plaintiff is able to show that the defect was due to the poor design of the vehicle or part, poor manufacturing, faulty shipping, and handling, or other reasons related to the production of the car.
Common Injuries From Rollover Accidents
By the very nature of a rollover accident, we can assume that there may be important damages caused to the vehicle and perhaps to the driver or passengers in the car.
Injuries caused by rollover crashes can be devastating and quite extensive.
Here is a list of common injuries caused by a rollover accident:
- Broken bones
- Head injuries
- Brain trauma
- Brain damage
- Fractured skull
- Fractured bones
- Spinal cord injury
- Back injury
- Chest injury
- Crushing injury
More serious accidents can cause a more long-term consequence on a person’s life, such as:
- Lasting brain injuries
- Post-traumatic stress
- Wrongful death
A person’s quality of life may diminish due to the violent and dangerous nature of rollovers as cars are not primarily designed to support such an impact.
What To Do After A Rollover Accident
Accidents happen fast and a person’s life can change very quickly.
However, it’s important to remain calm and try to follow the appropriate steps to protect your rights.
Here is list of what you should consider doing if you get into a rollover:
- Seek medical attention depending on the nature of the injuries
- Remain on the scene if the medical professionals consider it appropriate
- Call the police to file a police report
- If the accident involves other drivers and cars, identify everyone, get their contact information, and insurance policy details
- Identify any witnesses and get their contact information
- Take a lot of pictures of the accident or videos
- Do not admit fault or liability to anyone
After you’ve received the right medical attention, you should consider:
- Get a copy of your medical file
- Get a copy of the police report and witness declarations
- Gather all your pictures and evidence related to the accident
- Contact an attorney or law firm dealing with car accidents (rollover)
Although you do not have to contact a lawyer, it may be important to minimally get a consultation so you can get a better understanding of the legal ramifications of your case.
If you have a case that is worth pursuing, you can not only get legal advice as to what you should do to set up the best possible file but you may also find that the lawyer may help you in ways that you would consider valuable.
Determining Liability For Rollover Collisions
The victim of a rollover crash may seek compensation for the financial damages caused by the accident or injuries suffered.
To be able to obtain a settlement, an award, or jury verdict, the plaintiff must find out the party responsible for the vehicle crash.
Anyone who contributed to the accident may be held responsible for the accident, particularly:
- The at-fault driver
- A bicyclist or pedestrian
- Transit companies
- Government agencies
- Vehicle manufacturers
- Auto part manufacturers
If you’ve gotten into a car accident, it’s important to consult with an experienced and qualified lawyer who will guide you with respect to:
- Who is liable for the accident?
- How much can you claim?
- What procedure should be followed?
- What are the deadlines to file a claim or lawsuit?
There may be more complexities to discuss with your lawyer but it may be worth consulting with an expert sooner than later.
Damages or Compensation In Rollover Crashes
When a person is injured financially or psychologically, there may be a way to seek compensation and get damages to compensate for the losses.
It’s very important to speak with a car accident lawyer or personal injury lawyer specialized in rollover accidents to get a specific evaluation of your case based on the laws applicable to the accident.
In general though, a person may claim economic and noneconomic damages.
Economic damages are damages that are directly caused by the accident, such as:
- Medical expenses
- Medical devices
- Surgery costs
- Property damage
- Nursing care
- Reduced earning capacity
- Lost income
- Future medical expenses
On the other hand, noneconomic damages a victim may suffer, such as:
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of enjoyment of life
- Loss of consortium
Depending on the laws applicable to the case, rollover accident lawyers can assess the scope and extent of possible damages (or compensation) a person may claim.
In some extreme cases, the victim may also be able to claim and obtain punitive damages against the at-fault party if the defendant’s conduct significantly deviated from social standards or was willful.
Similarly, they can defend against a claim or lawsuit in trying to minimize the liability or even have the case dismissed in its entirety.
Rollover Car Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), rollover accidents represent a small percentage of overall car accidents.
Approximately 2 to 3 percent of serious car accidents are classified as rollovers.
Although rollovers are not as frequent as other types of accidents, they are nonetheless one of the more dangerous types of car accidents.
According to studies, approximately 20 to 30% of all car fatalities result from a vehicle rollover.
Another important rollover accident statistic is that a good portion of rollover accidents involve only one car (single-vehicle crash).
According to reports, in the year 2000, more than 75% of all fatal rollover accidents involved a single automobile.
“Rollover Accident Lawyers” Takeaway
So, what does a Rollover Accident Lawyer do?
Is it worth speaking to a rollover accident law firm after a car accident?
Let’s look at a summary of our findings.
Rollover Accident Lawyers
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