A rollover happens when your car flips onto the roof or its side. It is not uncommon for this type of accident to cause severe head and spinal injuries, broken bones, and deep wounds. Victims often end up with injuries that last a lifetime, which can make them unable to work and earn a living while raking up costly medical bills they cannot afford to pay.
Moreover, some insurance companies might deny your accident claim so that they do not have to compensate you for the damages, even when you are entitled to a payment. It can be challenging to take on an insurance company and its lawyers on your own, especially when you are trying to recover from injuries.
If you are facing this situation, there is help available to you. A Fort Worth rollover accident lawyer can help you get compensation. Texas law allows you to seek compensation for your medical and rehabilitation expenses, lost wages, pain and suffering, and other related losses from those who injured you. Call Ben Crump Law, PLLC, at 800-959-1444, to find out if another party is liable and how much compensation to seek.
Contributing Factors in Rollover Car Accidents
The most common cause of rollover accidents is the sudden swerving of a car to avoid something on the road. Sometimes, poor road conditions like uneven pavement and potholes are the cause. Auto defects like problems with the power steering or braking mechanism can also make a car more susceptible to a rollover.
When these happen, you can sue the auto manufacturer or auto parts company for product liability. Your lawyer will show proof of the defect and could also show that the companies did not give adequate warning to customers, which resulted in your injury.
For a free legal consultation with a rollover accidents lawyer serving Fort Worth, call 800-959-1444
What You Need to Prove in a Fort Worth Rollover Accident Case
A rollover car case may involve the manufacturer or the negligent driver, or both. When a car flips and the passengers are injured, lawyers have to look into the contributing factors that possibly led to the accident. These factors include driver error, product defect, and weather and road conditions.
The National Highway Traffic Safety Administration reports that rollover crashes account for a third of car passenger deaths.
Under the doctrine of strict liability, you can sue the manufacturer or seller for vehicle defects if the vehicle or its component is unreasonably dangerous. It is also critical to prove that you used the vehicle in a way it should be used when the injury happened, and you did not alter the vehicle after the purchase.
When a motorist’s vehicle crashes because of an auto defect, its manufacturer may be liable for the damage.
There is no need to prove negligence on the part of the manufacturer or seller. Texas is a strict liability state, so when there is a defect in the car or its component, resulting in your injury, the defendant is liable.
Negligence of the Driver
A driver who did not drive carefully to avoid causing damage to other people or property on the road is negligent. You can sue that driver for damages.
Your lawyer will determine whether or not it is worth hiring an accident reconstruction specialist to assess the accident scene. A car accident attorney understands the nature of a rollover case and knows when it is best to settle a companion claim against a negligent driver or keep it open in case there is a valid product liability case against the manufacturer. Call us today to see how a Fort Worth rollover accident lawyer at Ben Crump Law, PLLC, can help. Schedule a consultation and determine your best course of action.
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State Laws That Can Impact Your Case
If you or a loved one gets involved in a rollover car accident, there are state laws that will determine whether or not you can recover compensation for your injuries or losses.
Statute of Limitations
Unless you or your loved one is a minor, you only have two years after the accident to file a personal injury or property damage complaint against the negligent driver or the manufacturer for product liability under Texas Civil Practice and Remedies Code section 16.003. When the victim is a minor, the statute of limitations extends up to the time they turn 18 years old.
Statutory Damage Caps
Some states have statutory caps or limits on the amount of compensation the jury may award to all compensatory damages or non-economic damages. There is no such cap in Texas except for medical malpractice claims.
There is no cap on the amount of compensation you could receive from the pain and suffering, loss of enjoyment of activities, or psychological harm. You can also claim compensation if your injuries worsen over time, or if you cannot work because of your injuries.
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We Are Here to Represent You
If you or your loved one is a victim of a rollover car accident, having a lawyer by your side can make the process of getting compensation easier. A lawyer can speak with the negligent party or their insurance company to try to win you a settlement, or they can take your case to court if the situation warrants it.
At Ben Crump Law, PLLC, Fort Worth rollover accident lawyers understand your situation. They have many years of experience handling personal injury cases of all kinds. As such, they will know which steps to help you get the fastest and most favorable outcome.
Call our office today at 800-959-1444 for a free consultation to find out your legal options and the possible compensation you can receive.
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