A rollover happens when a vehicle flips over on its side or roof. It is among the worst types of auto accidents you could have while driving, often resulting in severe injuries and fatalities, according to Consumer Reports. Vehicles such as SUVs, trucks, vans, and buses have a higher center of gravity than smaller vehicles that are lower to the ground, making them more susceptible to rollovers. However, under the right circumstances, any vehicle could have a rollover.
If you suffered injuries or property damage from such an accident in New Orleans, you have the legal right to seek fair compensation from the parties responsible. Connect with a New Orleans rollover accident lawyer from Ben Crump Law, PLLC to determine your legal recourse. Their team will guide you through the legal proceedings to help you recover your losses. Call (800) 598-7557 for an initial consultation.
Essential Steps to Take Following the Accident
Most people who have acute injuries from a crash will seek medical attention. But even if your injuries are minor or you do not have any visible injuries at all, you should still get examined by medical professionals. Injuries like whiplash and internal bleeding can go unnoticed for some time but have severe consequences on your health in the long run. Not getting medical treatment or putting it off for too long will make it harder for you to make a claim for the injury. The longer you wait, the easier it is for the at-fault party to attribute your injuries to other possible causes.
For a free legal consultation with a rollover accidents lawyer serving New Orleans, call (800) 598-7557
Refrain from having your damaged vehicle fixed immediately. While you may need a functioning vehicle for commuting, repairing eliminates the possibility of using it as crucial evidence in your case. If possible, take photos or video from the scene and keep all medical records of your injuries as these could later be used as evidence to support your claim.
New Orleans Rollover Accident Lawyer Near Me (800) 598-7557
Work with a Lawyer
Whether you make a claim directly with the at-fault party or the insurer, a lawyer can be instrumental in the claims process. A New Orleans rollover accident lawyer can give you useful advice and help you with the claims process and/or filing a lawsuit.
Establishing Who Is Liable for the Rollover Accident
Rollover accidents are not as straightforward as most other car crashes, where one driver primarily caused the collision. To help establish who is at fault, rollovers fall into two categories—tripped and untripped.
In tripped crashes, the incident happened due to force from an external object. For instance, when another vehicle struck yours or your car ran over a curb, causing it to turn on its side or roll repeatedly following the impact.
Meanwhile, untripped rollovers occur as a combination of poor vehicle design and driver error. SUVs are more susceptible to rollovers, so they should adhere to specific design standards to minimize the risk of such accidents.
Determining liability for rollover crashes requires extensive investigation. Sometimes, the cause may have been due to multiple factors—other than the at-fault driver, the vehicle manufacturer and dealership may also be to blame for the accident. Keep in mind that pursuing a claim against the vehicle manufacturer on the grounds of product liability can only begin if there is strong evidence of existing defects, including brake issues, steering problems, and electrical systems failure, causing the rollover. Meanwhile, a dealership may only be responsible for the damages if they knew about the underlying issues and still sold the vehicle to unsuspecting buyers.
But when pursuing a claim against the at-fault driver, it will usually be based on negligence. Their liability stems from their failure to act reasonably in the situation. So, if the other motorist struck your vehicle because they violated traffic rules or drove aggressively, they are responsible for the harm caused. In at-fault insurance states like Louisiana, insurance companies usually cover the expenses resulting from an accident.
A New Orleans rollover accident lawyer from Ben Crump Law, PLLC will gather relevant evidence to determine what happened during the rollover accident. Get in touch today to speak to someone from the team.
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Comparative Fault and Its Impact on Claims
Even if you are the victim and seeking compensation, you may have been partly to blame for the rollover accident. You may have overlooked a traffic law or failed to exercise caution, contributing to the vehicular crash.
In Louisiana, those at fault can still seek recovery. The state follows a pure comparative fault principle wherein your share in the accident proportionally reduces the amount you will be awarded damages. If your degree of fault is at 10 percent, you can only receive the remaining 90 percent of the proposed compensation.
The at-fault driver’s insurer and lawyer will raise the issue of comparative negligence in evaluating the proposed settlement. Because of your fault, they can argue that you deserve a lower payout. However, bear in mind that there are no empirical means to allocate responsibility—your liability will depend on how you present your case. A qualified New Orleans rollover accident lawyer can help in this aspect, particularly during negotiations.
Having Legal Support Is Crucial
While you could file a claim on your own, it helps to have support from a lawyer. Many auto accident victims who go it alone can end up making mistakes that compromise their chances of getting compensation. The New Orleans rollover accident lawyers from Ben Crump Law, PLLC handle rollover accident cases and know all the essential steps to take to make the process easier for you. They also work on a contingency basis, which means they do not get paid unless you get compensation.
To get started, reach out at (800) 598-7557.