The term "rollover accident" refers to a vehicle overturning. These accidents vary in severity, but it is always extremely dangerous when a vehicle leaves its intended position (with four wheels on the ground). If you or a loved one were involved in a rollover accident, you deserve justice for any injuries, trauma, wrongful deaths, and other damages you have endured.
Any motor vehicle accident can cause serious injury. Rollover accidents are even more likely, statistically, to result in injury. A Florida rollover accident attorney will work hard to ensure you get fair compensation for medical care, mental health services, property expenses, and other economic and non-economic damages.
What Does Rollover Accident Mean?
A rollover accident can refer to:
- A vehicle tipping onto its side
- A vehicle rolling over and landing on its roof
- A vehicle rolling from one side onto its roof, onto the other side
- A vehicle doing a full roll and ending up on its wheels
- A vehicle doing more than one roll (and perhaps multiple complete rolls)
Anytime a vehicle arrives in a position other than having four wheels on the ground, it may be considered a rollover accident.
Why Rollover Accidents Are Unusually Dangerous
When someone is involved in a rollover accident, they may endure:
- The initial impact of a collision (if the rollover resulted from a strike from another vehicle)
- The force of the vehicle rolling
- The secondary impact of the vehicle coming to rest
- The potential impact of a crushed door, windshield, or roof
- The penetrating force of any items the rolling vehicle contacts (like concrete barriers, signposts, and other vehicles)
Concussions and other brain injuries, whiplash, spinal cord injuries, severe lacerations, and eye injuries are all possible as rollover accident victims endure severe force amidst broken glass. Countless other severe injuries can occur in the course of a rollover accident, which is why this is one of the most dangerous collisions.
If you have not already received an extensive medical examination following a rollover accident, you should do so as soon as possible. Traumatic brain injuries, in particular, may not present immediate symptoms, and it's important that you ensure you're not in danger from undiagnosed injuries.
Potential Causes of Rollover Accidents
A vehicle does not just roll over. Some kind of inciting event must occur for a rollover accident to happen, and such events can include:
- A side-impact collision: When one motor vehicle strikes another from the side, it may project the struck vehicle into a roll. A motor vehicle collision may be more likely if vehicles are traveling at high speed, the vehicle that is hit has a poor rollover rating, or the vehicle that hits the other is significantly heavier.
- A glancing head-on collision: If vehicles hit in a head-on but indirect manner, one or both could roll. If the front wheel of one or both vehicles becomes airborne, the vehicle's forward momentum might contribute to a rolling act.
- A sudden change of direction when a driver tries to avoid an accident: When a driver attempts to change direction suddenly, especially at a high rate of speed, they risk a rollover accident. As the vehicle turns, wheels may "catch" as the vehicle's forward momentum continues. This is one reason why motorists are encouraged to reduce their speed around sharp turns.
- A motorist losing control due to a vehicle defect: When motorists lose control of their vehicle, they have little control to prevent a rollover accident (or any type of accident). Whether the vehicle enters the path of an oncoming vehicle, turns at an angle that causes a rollover, or strikes a fixed object that causes the vehicle to roll, loss of control is always a dangerous event.
About one-fifth of traffic deaths happen when a vehicle hits an object outside of the roadway. This is a great concern when a vehicle begins to roll, as the driver is then out of control of what the vehicle will hit.
If you have lost a loved one, have seen a loved one be disabled, or have survived a rollover accident, strongly consider hiring a lawyer. You need to focus on all forms of recovery (physical, psychological, and otherwise), and hiring a lawyer will allow you to do so.
Who Is At Fault (and Financially Responsible) for a Rollover Accident?
Whenever a rollover accident happens, it's typically a symptom of negligence. Some person or organization did something negligent that led to that accident happening. Your attorney will investigate and identify every instance of negligence that contributed to the rollover accident, which may include:
A Motorist's Careless Driving
Drivers have the greatest power to cause or prevent collisions, including rollover accidents. Some specific driver failures that can trigger a rollover accident include:
- Speeding, which may cause the driver to lose control of their vehicle or be unable to stop before hitting another vehicle
- Running red lights and stop signs which can cause side-impact collisions that trigger rollovers
- Driving while distracted
- Driving the wrong way
Anytime a motorist fails to exercise the utmost caution, they increase the likelihood of an accident. The at-fault driver may be responsible for significant damages when a resulting accident includes a rollover.
A Motorist's Impairment
When motorists are not alert, clear-headed, and physically fit to drive, they are an accident hazard. Impairment can include:
- Intoxication by alcohol
- Impairment by illicit drug
- Impairment by a prescribed medication
- Tiredness
- Visual impairment
- Hearing impairment
While people can't help being visually impaired, they must refrain from driving if they cannot do so safely.
A Vehicle Manufacturer's Failure
Defective vehicle components, including those affecting tires and brakes, can contribute to serious traffic accidents. When a motor vehicle defect leads to a rollover collision, the manufacturer of the defective component can be liable for victims' damages.
Dangerous Driving Conditions (Which May Qualify as Negligence by a Municipality)
Some roadways are riddled with potholes and other blemishes, lack necessary signs, have defective traffic signals, or have other hazards that increase the likelihood of collisions. When collisions result from such hazards, a municipality may owe the accident victims compensation.
Debris in the roadway, unsafe work zones, and other hazards can also contribute to a rollover accident. Your auto accident attorney will gather all relevant information about your collision, determine why the accident happened, and identify liable parties.
How You Can Pursue Compensation for a Rollover Accident (You Don't Have to Do It Alone)
Start your pursuit of fair compensation by hiring a lawyer after an accident. As soon as you agree to have a specific law firm handle your case, you:
- Leave all details to your attorney: No longer do you have to worry about presenting evidence to insurance companies or potentially filing a lawsuit. Your lawyer will create a personalized case strategy, explain that strategy, and get your feedback.
- Avoid the headache of dealing with insurance companies: Insurance companies will deal with your lawyer, not you. This will spare you time, stress, and concern that the insurance companies are trying to take advantage of you.
- Get frequent updates from your legal team: Your lawyer will handle all the legal aspects of your case, but you won't be in the dark. Expect regular calls, emails, texts, or other correspondence to keep you in the loop.
- Get to focus on recovery: Your health must never come behind anything, including something as important as a car accident case. Keep these priorities separate and equally important—you deal with your health while your lawyer prioritizes your case.
Lawyers have a simple mandate. They must determine the cost of your rollover accident and, specifically, the harm it has caused you. Your lawyer must then do what is necessary to secure the compensation you deserve for both economic and non-economic damages.
Your Question Will Be: What Won't a Personal Injury Lawyer Do for Me?
When you look back after your claim or lawsuit is complete, you may be awe-struck by how much your lawyer has done for you. Some of the specific duties that auto accident lawyers typically manage for their clients include:
Proving Fault for the Rollover Collision
Attorneys waste no time in visiting accident scenes and gathering evidence, which can include:
- A police report, which may include witness statements, driver statements, and other helpful information
- Traffic camera footage
- Cell phone footage (and other video)
- Eyewitness accounts
- The victim's account of how the accident happened
Photographs of damaged vehicles and the accident scene can also help prove who is at fault for the collision. Your rollover accident attorney may even work with experts whose testimony about fault may carry immense weight.
Presenting the Client a Targeted Case Strategy
Once your lawyer understands who is at fault for your accident, they will review insurance policies and weigh other relevant information. They may then present you with a personalized case strategy, and you can ask questions and provide any feedback you have.
Your lawyer will most likely begin by filing claims with liable insurance companies. However, if an at-fault motorist lacks insurance or other factors, this can justify filing a personal injury lawsuit right away, your lawyer will discuss legal options with you.
Documenting All Covered Losses (or Damages)
The documentation of your losses will be a pivotal chapter in your case. Your attorney will make sure to illustrate your losses in as vivid detail as possible, which may involve:
- Any medical images of your injuries (such as X-rays, CT scans, and MRIs)
- Photographs of visible injuries, scarring, and other forms of disfigurement
- Testimony from doctors and mental health experts about your injuries, conditions, symptoms, and recommended treatments
- Bills for vehicle repairs, a replacement vehicle, temporary transportation, and replacement of other damaged property
- Bank statements and employment records that detail the nature of your professional damages (such as lost income)
Your rollover accident attorney will also rely on your own words. You may be the only one qualified to explain the psychological and emotional toll of the rollover accident and resulting injuries. Combining both objective documentation (like bills) and your own experiences, your attorney will prove the cost of your collision.
Aggressively Negotiating a Settlement
Rollover accident lawyers combine their client's testimony, documentation of losses, and proof of at-fault parties' negligence into a single case. Your rollover accident attorney can use this case to:
- Show liable insurers why they owe you compensation
- Prove the exact cost of your covered losses
- Serve as the foundation of their settlement demands (and related negotiations)
Experienced lawyers know they must enter a rollover accident case ready to negotiate. There is a significant possibility that those responsible for the cost of your losses will try to avoid accountability. Therefore, your lawyer will work to build a case that convinces liable parties to settle for a fair amount.
Proceeding with a Lawsuit (and a Trial, If the Case Warrants)
Your lawyer will present the most compelling settlement demands (and accompanying case) they can. Liable parties may recognize the strength of your case and agree to settle. After all, those liable parties may recognize if your case goes to court, a jury can award you even more money than they offer through a settlement.
Trial takes time, and comes with costs and risks. This is why your attorney will advise you to accept a fair settlement offer if liable parties extend one. However, if those liable parties do not offer the money you deserve, your lawyer may advise you to let them fight for you in court.
What Damages Will My Rollover Accident Lawyer Seek Compensation For?
Your attorney will demand compensation for all economic and non-economic damages resulting from the rollover accident, which may include:
- Vehicle repair costs
- Temporary transportation expenses
- The cost of replacing a totaled vehicle
- Medical expenses
- Lost income
- Diminished earning capacity
- Pain and suffering
You may face long-term trauma and other challenges because of the rollover collision. Your attorney will have a detailed record of your current and future damages before they present their demands to liable parties.
Hire Your Attorney Today
There are usually deadlines related to rollover accident claims and lawsuits. Missing even a single deadline can prevent you from seeking the compensation you deserve.
Find a Florida personal injury lawyer with strong reviews and a record of case results. Hire them as soon as possible.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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