Rollover car accidents happen rarely—but when they do, they are much more likely to result in serious injuries and fatalities than other types of accidents. According to the National Highway Transportation Safety Administration (NHTSA), only 2.1% of passenger vehicle crashes involve rollovers, but these accidents account for nearly 35% of all fatal crashes.
If you were injured or your loved one died in a rollover accident, you may be entitled to receive compensation for your losses. If someone else caused the accident, they should be responsible for your medical treatment and other expenses.
A Melbourne rollover accident lawyer may be able to help with your case. Contact Ben Crump Law, PLLC today at (800) 598-7557 to schedule a free consultation and learn how we can help you fight for justice.
Your Legal Options After a Rollover Accident
They may be less common than other types of car accidents, but rollover accidents do happen everywhere. In 2018, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 149 fatalities and 820 incapacitating injuries due to rollover accidents.
A rollover accident occurs when a vehicle turns over on its side or roof at least once or flips over in some other way during a crash. The force, speed, and impact of these crashes make them especially likely to result in serious or permanent injuries and even death.
After a rollover accident, there are several ways that you can pursue compensation for your medical expenses, property damage, and other losses:
- To seek compensation for your vehicle repair, replacement, or other property damage costs, file a claim with the at-fault driver’s insurance company.
- The state of Florida’s no-fault law, Florida Statute §627.7407, requires you to turn first to your own insurance plan’s personal injury protection (PIP) coverage for reimbursement for medical bills for minor injuries.
- If you suffered a serious injury, you may go beyond the no-fault rule and file a personal injury lawsuit against the at-fault driver or other responsible parties (such as a negligent mechanic or an overserving bartender) to pursue compensation.
- If a loved one died because of a rollover accident caused by someone else, you can pursue compensation on their behalf by filing a wrongful death lawsuit.
For a free legal consultation with a rollover accidents lawyer serving Melbourne, call 800-959-1444
Fault, Negligence, and Liability for Car Accidents
When you are trying to obtain compensation for your losses in a car accident, you will probably hear the words “fault,” “negligence,” and “liability” quite a bit. These terms are all related and have to do with responsibility for the accident.
- The person(s) at fault for the accident is the one who caused it to happen.
- A negligent driver is one who failed to take reasonable actions to prevent harm from occurring to other people. Negligence can include a variety of illegal or poor driving behaviors, such as reckless driving, driving under the influence, distracted driving, aggressive driving, speeding, or breaking other traffic laws. Negligence may also include the failure to properly maintain a vehicle.
- Someone who is liable for an accident is responsible for it by law. This means they have a legal obligation to pay for expenses related to the accident.
Florida uses a comparative negligence law, Florida Statute §768.81, to help determine who should be liable for the costs of an accident. Under this system, all those involved in the accident receive a percentage of fault for it. The more negligent a driver’s actions are, the more they are found to be at fault—then the damages you are awarded for the accident are reduced by your percentage of the blame. For instance, if you are found to be 15% at fault for the rollover accident, then the other driver is 85% liable and you will receive 85% of the damages.
Both insurance claims adjusters and civil courts will take comparative negligence into consideration when determining how much compensation to offer you. A Melbourne rollover accident lawyer can improve your chances of recovering full compensation by gathering evidence of fault and/or negligence and arguing the other driver’s liability. Contact Ben Crump Law, PLLC today to learn more.
Melbourne Rollover Accident Lawyer Near Me 800-959-1444
Time Limit for Recovering Damages
A statute of limitations may affect your ability to seek damages in court for a rollover or any other type of car accident. Statutes of limitations are laws that place a time limit on when you can pursue legal action for various kinds of wrongful events. Florida Statute §95.11 sets the time limit for personal injury lawsuits at four years, and the time limit for wrongful death lawsuits at two years.
In most cases, you will lose your right to compensation if you miss these deadlines. If you pursue your legal case in a timely manner, you could potentially recover both economic and non-economic damages for your losses. These may include:
- Past and future medical treatment costs
- Property damage expenses
- Past and future lost income
- Funeral costs
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
Contact a Melbourne Rollover Accident Lawyer Today
No one should have to deal with the financial burden of a rollover accident that was not their fault. At Ben Crump Law, PLLC, we want to help you get the justice you deserve. Our team can investigate your accident and determine which parties should be held liable. We can also gather evidence to support your case—including police reports, video footage, photos, eyewitness statements, vehicle maintenance records, and medical records—and use this evidence to aggressively pursue compensation on your behalf. If we are unable to negotiate a fair settlement with insurance providers, we can represent your interests in court.
The team at Ben Crump Law, PLLC works on a contingency basis, which means we will not charge you any fees unless we can recover compensation for you. Call (800) 598-7557 today for a free case evaluation.