Rollover accidents happen when a vehicle flips over because it was either struck too hard or it encountered unfavorable driving conditions. As a result, the vehicle is likely to have a lot of damage. Vehicles are not designed to be able to roll over without taking significant damage. For accident victims, this usually means a lot of repair costs, medical expenses, and other potential problems that they have to deal with.
Rollover accidents also have a higher likelihood of being fatal. According to the TN Department of Safety & Homeland Security, there have been 888 fatal crashes in Tennessee so far this year. As the number continues to rise, rollover accidents will likely be a significant portion of those accidents. If you or a loved one suffered injuries in a rollover accident, discuss your case with a Memphis rollover accident lawyer to see what your legal options are. Call the office of Ben Crump Law, PLLC at (844) 730-0233 for a free consultation about your case.
Understanding Your Rights
Being the victim of a rollover accident means that you may be able to seek legal action against the person that caused your accident. According to the Centers for Disease Control and Prevention (CDC), Tennessee faces $1.54 billion in accident-related costs every year. As the accident victim, you likely have a lot of expenses to deal with. Since you did not cause the accident, you do not have to be responsible for those expenses alone. You can hold the other party responsible and collect financial compensation which you can use to pay off your financial obligations and fund your recovery.
For a free legal consultation with a rollover accidents lawyer serving Memphis, call (844) 730-0233
Determining Liability
Liability in a rollover accident can be determined by finding the cause of the accident. For example, a larger vehicle can hit yours, causing it to rollover. In this case, the truck driver is likely to be held liable for your expenses. In other cases, poorly maintained roadways can cause a variety of problems including flat tire rollovers. In this case, the government is held liable for failing to fix the roads. Your lawyer will look into which parties can be held liable for your expenses and file your lawsuit appropriately.
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Statute of Limitations
Rollover accidents can be particularly dangerous for drivers of smaller vehicles. After the accident, victims focus on healing their injuries and getting their lives back on track. By the time they realized that they could take legal action, many victims have already waited so long that it jeopardizes their ability to file a lawsuit in time.
There is a limited amount of time that you have to file your lawsuit after an accident. This is called the statute of limitations. In rollover accidents, there are two statutes to be aware of. According to the Tennessee General Assembly, you have one year to file personal injury claims and three years to file property damage claims. If you did not start the legal process right after your accident, that one-year statute of limitations may expire faster than you think. Reach out to the office of a Memphis rollover accident lawyer to see what your legal options are and to start the legal process in time before the deadline.
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Lost Wages and Other Expenses
You could end up with a lot of expenses related to your accident, and we may be able to secure compensation for them. Some of these expenses include:
- Lost wages: Lost wages cover the income you lost from not being at work after an accident. You can file a claim in your lawsuit to be reimbursed for that lost income.
- Property damage: Cars accidents often cause significant damage to vehicles, which can be expensive. This also covers your other property including your cell phone, clothes, and other personal items you may have had with you at the time. Make sure any damaged items are documented in the police report for use later during your lawsuit.
- Personal injury claims: Any expenses related to a physical injury can be claimed in the lawsuit. This can include emergency medical care, ongoing specialist care, medical devices like braces, or mental health care.
There are other types of expenses that you can have that are not covered on this list. Make sure that you document as many of your expenses as possible to make it easier for your lawyer to identify possible claims. You want to make sure that you claim enough compensation so that you can cover the full amount that you are owed.
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Settlement vs. Trial
When civil cases are filed, they continue until they go to trial. However, there are cases where a settlement agreement can be an alternative end to a lawsuit. Which one you choose is a matter of personal preference and careful negotiation.
A trial is what you are entitled to, and designed to provide a final judgment on a specific case. In a trial, the judge determines how much you receive in compensation. The problem with waiting to go to trial is that it can take a long time, in which you have to deal with financial burdens on your own.
A settlement agreement is a faster way of ending a lawsuit and collecting compensation. However, nearly all settlement agreements trade the convenience of ending a lawsuit for a guaranteed compensation that could be less than you could have won at trial. Settlement agreements are common when insurance agencies are involved since they can control how much they have to pay and resolve a case. You are not obligated to accept a settlement agreement and can wait to go to trial, but it is important to weigh the possible benefits between the options before making a decision.
Contact Us for a Consultation
If you or a loved one suffered injuries in a rollover accident, it may be in your best interest to discuss your case with a Memphis rollover accident lawyer or another legal representative who can provide you guidance on what to do. Call the office of Ben Crump Law, PLLC at (844) 730-0233 for a free consultation with our team to discuss what your legal options are.
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