Reports | October 26, 2022 | Car Accidents

Rollover Car Accident Claim

Injuries Caused By Rollover Accidents

Annually, over 355,000 people in the United States suffer injury or death from rollover collisions. While crashes resulting in vehicle rollovers can lead to many types of injury, the reality is that many of these injuries are severe and can even be deadly.

Such crashes account for many highway vehicle deaths. In fact, according to the National Highway Traffic Safety Administration, over 30 percent of all deaths and severe injuries occur in rollover accidents. Such crashes are regularly more harmful than other types of collisions, including head-on or side-impact crashes.

Anyone who suffers injuries in a rollover accident should immediately seek help from a car accident lawyer. Even if yours was the only vehicle involved, someone else might still share the blame. A rollover accident lawyer can identify when you can seek compensation from another party for your losses.

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Rollover Crash Considerations

Certain factors contribute to the severity of the crash impact and resulting injuries or fatalities to occupants.

For example:

  • Types of vehicles involved in the rollover crash (Ex: truck accidents rollovers will typically cause more damages and put more at risk)
  • The speed at which the vehicles involved were driving during the rollover crash. For example, traveling beyond the legal limit can greatly increase the crash’s impact severity and damage.
  • Seat belt restraints and whether they were effective
  • How the vehicle tips
  • The number of times the vehicle flips
  • The number of vehicles involved, for example, a multi-vehicle crash.
  • The design of the vehicle and whether there are defects, such as roof and seatbelt design issues
  • Occupant characteristics, such as where they were sitting in the vehicle and their weight

Specifically, when it comes to the kind of vehicle(s) involved in a rollover crash, it can be the difference between a deadly and non-catastrophic accident. For example, lighter trucks such as 15-passenger vans and SUVs have higher fatality rates than heavier vehicles, such as semi-trucks (50 percent versus 60 percent, respectively). In fact, such light but tall vehicles make up the largest category of vehicles in rollovers—a trend that has been increasing in recent years.

Common Rollover Crash Injuries

You always want to be vigilant for potential injuries following a rollover crash. Some severe injuries are immediately apparent, while others might take time to develop. Some victims leave the scene in an ambulance, while others have so much adrenaline that they believe they are fine when they have serious injuries. Be sure to monitor your health and symptoms over time. Even if you sought medical care immediately after the crash, you might develop ailments later.

Some frequently seen injuries from rollover crashes include:

Specifically, rollover accidents are frequently associated with critical head and neck injuries due to how the vehicle tips and rolls over and the occupant’s position in the vehicle.

Traumatic Brain Injury

Traumatic brain injury is a frequent and concerning injury in rollover crashes, particularly where the vehicle’s roof is defective. Symptoms may start as general as a headache, which might seem natural due to the distressful accident. However, the victim can experience a debilitating loss of function over time. TBIs can cause lasting cognitive, physical, and behavioral impairments, and some victims never recover fully. Be sure to seek medical care continuously to ensure your health is monitored, and communicate any new symptoms you experience to your healthcare provider.

Spinal Injuries to the Neck

Neck injuries are also highly common in rollovers, and neck trauma can damage your spinal cord. Spinal injuries need emergency care and often hospitalization. Some people with complete spinal injuries experience total paralysis below the point of injury. For a high-neck injury, they might lose functioning in their four limbs, trunk, and many major organs.

These are only two of many catastrophic injuries that people can suffer in rollover crashes, which often complicates these matters. The high damages victims might need make high-quality legal assistance essential.

How a Car Accident Attorney Can Help

If you or a loved one has been in a rollover car crash, seek the advice of an experienced car accident attorney with experience in rollover cases. Having an experienced rollover accident attorney is critical from the start to finish of your claim.

A car accident attorney who regularly handles car crash claims will have the skills to do the following and more.

Identify Liable Parties

To seek compensation for all of your losses, you must know who you can hold responsible. A rollover injury attorney is in the best position to assess the potential liability of those involved in the accident. Often, another driver is the party responsible for causing the crash, even if yours was the only vehicle involved. If another driver swerved into your lane or cut you off, your reaction to avoid a collision can send your vehicle out of control and rolling off the road.

This analysis might include parties that were not even at the scene but might still be liable for your injuries. For instance, if a manufacturer failed to make the vehicle safe, it might have increased the impact or severity of the accident. If one of the liable parties that the attorney determines is indeed a manufacturer, then your attorney will likely conduct an intensive review of the vehicle involved.

For example, consumer information about the vehicle, including rollover stability ratings and testing, can help build a case against the maker of the vehicle. Such cases are becoming more common, as there have been a series of vehicle manufacturing lawsuits regarding dangerous roofs or other structural defects.

Whether the liable party is another driver, a vehicle manufacturer, or both, your auto injury attorney can help.

Compile Evidence to Support Your Case

Your rollover accident attorney will meet with you and examine the specific circumstances of your rollover accident. You can help by ensuring you keep careful track of important documents, such as medical records and bills, and any helpful information you collected at the scene, such as contact information of witnesses and other drivers.

A zealous attorney skilled in rollover accidents will know how to gather the strongest evidence to prove the liability of another party, keeping in mind the possibility of presenting this evidence at a future trial. While you might know that someone else caused your accident, you still need to gather and present evidence to prove your theory of liability. Leave this task to a skilled car accident lawyer.

Negotiation

Many cases conclude through settlement negotiations with the insurance providers of liable parties. Dealing with insurance companies can be particularly stressful and time-consuming, as insurers are likely reluctant to cover your damages and will often challenge the claim.

Fortunately, an experienced rollover injury attorney anticipates such challenges and knows how to respond accordingly and relentlessly and zealously advocate for your legal needs. Insurance companies know that they cannot use the same tactics on a skilled attorney, and your attorney can use their negotiating experience to fight for a favorable settlement.

Filing a Timely Cause of Action

If you decide to proceed with litigation, your attorney will be familiar with the filing deadlines for your state, otherwise known as the statute of limitations. While some states provide exceptions to these deadlines, operating as though you need to meet them is best.

Never delay your opportunity to obtain the justice and compensation you deserve, which will position you and your loved ones back to before the accident.

How to Seek Compensation After a Rollover Accident?

Filing a car accident claim & seek compensation for your injuries and losses. The legal term for this compensation is “damages.” Your total damages should include fair and just compensation for your medical expenses, loss of income, pain and suffering, future health care costs, and lost wages incurred in the future.

Damages Assessment

An attorney with experience in car accident claims can determine the amount of compensation you are entitled to for the loss you have suffered. Many of these damages are more challenging to identify and calculate than you might imagine.

Medical expenses

You can recover for all of your injury-related medical expenses, including medical services you received immediately after the accident and continuous and ongoing treatment. Medical expenses might include but are not limited to emergency room treatment, physician visits, costs of treatment, diagnostic exams, overnight hospital stays, surgery, physical therapy, and more.

Lost wages

Many injuries prevent you from working for some time or indefinitely. You can seek damages for your loss of income up to this point and the money you expected to make in the future but lose because you can no longer work due to the accident.

Property Damage

You can seek compensation for damage to your vehicle or other property, which may require repairs or replacement.

Pain and Suffering

Pain and suffering encompasses many intangible losses due to rollover accident injuries. For example, you may experience a loss of enjoyment of life, lost support from loved ones, and inconvenience in your daily activities that significantly impact your quality of life.

You can also experience:

  • Physical pain from your injuries
  • Trauma, anxiety, or depression triggered by the accident
  • Inability to engage in everyday activities and hobbies

These are recoverable damages, just like your financial losses.

Wrongful Death

If you lose a family member in a rollover crash and someone else was to blame, you can seek damages for wrongful death. You may experience a loss of love and support, as well as lost financial support. Families can also recover damages for funeral and medical expenses, emotional grief, and other losses in such a case.

While such damages may seem challenging to prove on your own, a skilled car accident lawyer will know how to present a strong case with evidence that sufficiently proves your unique injuries and losses. For these reasons, it is critical to have an experienced attorney’s support when you calculate and seek compensation for your various losses.

How to Get Started

If you or a loved one have suffered injuries in a crash, you must seek the help of an experienced lawyer promptly.

First, you likely want a lawyer to file and settle your insurance claim as soon as possible. This means you can receive compensation and relieve some financial stress sooner. Medical bills pile up quickly, and your lost income can cause your household to fall behind on important bills. Never settle for less than you deserve just because you want money quickly, however. Take the time to get legal assistance to ensure you receive total compensation.

Further, the sooner you seek legal help, the stronger case your attorney can present to the other side. Evidence can fade or disappear over time, and you can help your case by seeking legal help immediately. The sooner you begin, the stronger your claim might be.

Do Your Research

You can get started by looking into attorneys who regularly handle complex car accident claims. You can begin with an online search and exploring the websites of different attorneys in your area. Such websites often contain information regarding the attorney’s professional and academic experience and highlight recent cases and their areas of knowledge. Make an appointment to have a no-cost consultation so the lawyer can review the specifics of your case.

Prepare to Meet

You can best prepare for this important meeting by bringing questions, paperwork, healthcare records related to your accident, and any proof of other kinds of damages, such as your last paycheck before taking time away from work due to injury.

One of the important things to ask about is legal fees. Every attorney approaches this in their own way, and it is important to understand upfront the cost of representation. Your car accident lawyer should handle claims on a contingency basis, which means you pay nothing to hire them and no fees unless they successfully obtain compensation for you.

Vocalize

When you hire an attorney, they are interested in your side of the story, your priorities, and your legal needs. Vocalize your concerns, ask questions, and ask about your case at any point, as your lawyer is there to represent you.

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