Although incredibly rare, rollover car accidents are some of the most dangerous and legally complicated types of accidents that can occur. Most cases are caused by what is called “tripping”, which is when one car pushes another into a guardrail or median that flips the car. In some cases, there could be a manufacturing defect in the vehicle that caused the car to flip. Whatever the case may be, the damage can be catastrophic and deadly. The good news is legal action in cases like these is common and can often help recover more of the damages than a basic insurance claim would.
What to do After the Accident
Immediately following the crash, you may not be conscious to go through the normal processes that occur after an accident. For rollover crashes, emergency response personnel will automatically be called to the scene and will care to the injured as well as fill out reports on the accident. If you are the victim of an accident and are injured, it is best to try to stay calm and wait for help to come. Your well being is the most important thing in these cases, and typically there will be enough witnesses and reports to build a case on after things have settled, so do not worry about calling the insurance company immediately or requesting police reports. Be sure to stay off to the shoulder of the road if you can in order to prevent any further damage to yourself.
Once things have settled and if you are able to, contact your insurance and obtain the necessary documents that they will need to file a claim. If you are unable to, have someone close to you take care of the necessary arrangements. With rollover accidents, it is especially important to have an attorney involved in the case, as likely there is significant damages caused that can be recovered.
In most rollover accidents, the injuries that occur will be severe, and will incur high medical expenses as well as having physical therapy and living expenses as you recover. In most cases, the liability will be on the driver who caused the accident. If that person was being extremely negligent, like drinking or texting while driving, then they will be automatically held responsible for the crash. Negligence law is used in cases like this, and essential means that if a person was not paying attention or behaving recklessly, then that person is the liable party for the crash. However, there could be different parities that could be held liable for the accident:
City, county, or state for not keeping roads maintained. Occasionally, damaged roads will cause a car to flip.
Car or car parts manufactures. Although it is rare, some cars do have defects that play a role in the car flipping, or tires that were defective. Also, some cars may not be properly equipped with safety features required by law that lead to further injuries.
If you decide to pursue legal action against a government entity or one of its contractor, there may be a limited time to file the suit. You will want to file any lawsuits as soon as possible for you to receive compensation sooner than later. This can make a big difference when it comes to medical and living expenses.
Depending on the events of the crash, you may only file one lawsuit against one of the responsible parties, or some sort of combination of lawsuits against multiple parties. However, this will be on a case by case basis and is something to be discussed with your attorney beforehand.
Getting Legal Help
With rollover accidents, there are often numerous legal considerations as well as extreme stress and expense associated with the accident. It is extremely important that you have an experienced legal team in these cases to make sure you get the most compensation possible. There are short windows of time to file personal suits against certain entities, making it essential that you speak with your attorney as soon as possible.
If you are the defendant in a rollover case, it will also be essential that you seek legal counsel. There are times that the victim of the rollover was in fact the one being negligent or adverse weather conditions influenced the crash. As stated above, road conditions may also have played a factor, and knowing what rights you have as a defendant can help save you thousands of dollars in a lawsuit, especially if it was not your fault.