While the seatbelt and airbags can secure a driver or passenger and reduce the impact between your body and the car interior during a rollover crash, you could still suffer severe injuries. The impact of a rollover accident on the human body often causes neck and spinal damage, broken bones, and internal injuries. Other symptoms like TBI (traumatic brain injury) and spinal lesions may appear. Others will have to deal with psychological trauma, job loss, and financial difficulties.
If you or a loved one has been involved in a rollover car accident, you may be suffering from serious health issues that require immediate medical attention. Talk to our Orlando rollover accident lawyer to get advice on how you can file a claim to cover your medical treatment, rehabilitation, and temporary or permanent job loss.
Our dedicated and trustworthy lawyers may be able to help with your legal issues as you concentrate on your physical and psychological recovery.
In Orlando, you can recover compensation not only for your physical injuries but for your pain and suffering, disfigurement, job loss, and other consequences of being a victim of a rollover case. Call Ben Crump Law, PLLC, at (844) 730-0233, to discuss your next steps in recovering proper compensation.
Liability in Rollover Car Accidents in Orlando
Rollover accidents can alter the victim’s quality of life, especially if the accident caused serious injuries and deformities. If you suffered significant injuries, you could file a lawsuit to claim compensation for your losses. Before doing so, you can first file a claim and negotiate a settlement with the insurance company of the liable driver.
Some of the parties who could be responsible for a rollover accident include:
- The Driver of Another Vehicle: If another driver hit your vehicle and, as a result, your car rolled over, check if the driver was 100% to blame for the crash. If not, you cannot make them liable for all your resulting expenses.
- Manufacturers of Defective Auto Parts: If a vehicle crashes because of defective tires, soft roofing materials, or faulty parts, you can sue the manufacturer. You can check if these parts were correctly installed and met the minimum industry standard. Check if there are defects in the braking system and the spare parts’ design and manufacturer. Check if the manufacturers gave proper warnings to the driver when it comes to possible product defects or foreseeable dangers when using it.
- Contractors, Private Persons, and Government Entities: If the rollover accident happened because of the sudden swerving of a car to avoid something on the road that should not be there, check if there is negligence on the part of anyone responsible for road safety. Possible dangers include potholes, uneven roads, and road designs that make it difficult for other cars to avoid each other.
For a free legal consultation with a rollover accidents lawyer serving Orlando, call (844) 730-0233
What to Prove in a Rollover Accident Case
Negligence is one of the primary causes of a rollover car accident. When the manufacturer releases a defective product or one without special precautionary measures regarding its use, people may get hurt in the process. Drivers who use their cars negligently, especially during bad weather and poor road conditions, could also be sued for negligence.
The strength of the case depends on your ability to prove the following elements of negligence:
Duty
Drivers have the duty of care to drive reasonably and carefully to avoid injuring other road users. Your rollover attorney’s task is to prove that the other driver was not exercising reasonable care when the car wreck occurred.
Entities responsible for road maintenance should also ensure that proper measures are taken to reduce accidents, especially during bad weather conditions. The manufacturer and seller have the duty to sell products that pass the safety standards to ensure that nobody suffers an injury due to using said product.
Breach
In a rollover case, the persons who caused the accident can only be accountable for the accident if they breached their duty of care. Examples of negligent behaviors include speeding, crossing into the other lane, and doing a U-turn into oncoming traffic without looking if someone will be hit. Your lawyer must be able to establish that the other driver did not act in the same way any other reasonable person would in the same situation.
Causation and Injuries
Your lawyer must show that the breach was the fault of another motorist and that his or her actions specifically caused your injuries. You will have to show proof of your losses, such as medical records and billing statements related to your injuries and proof of financial hardships.
Your Orlando rollover accident lawyer may be able to help you figure out exactly what happened during the accident and prove negligence. Contact Ben Crump Law, PLLC, and we may be able to help you understand what happened and use the information available for your claim.
Orlando Rollover Accident Lawyer Near Me (844) 730-0233
State Laws That Can Impact Your Case
There are state laws in Florida that can determine whether you can recover compensation for your injuries or losses.
Statute of Limitations
According to Florida Statute § 95.11, you can file a claim for personal injury against the person responsible for the rollover accident four years after the accident. However, wrongful death cases have a statute of limitations of two years.
Comparative Fault
As outlined in Florida Statute § 768.81, the court may find you responsible for a percentage of the accident, which can affect the amount of compensation to which are entitled. For example, if you are found to be 15% responsible for the accident, you will only be eligible for a maximum of 85% of the total damages available.
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We Are Here to Represent You
If you or your loved one is a victim of a rollover car accident, our Orlando rollover accident lawyer is here to preserve your right to compensation. Contact Ben Crump Law, PLLC, at (844) 730-0233 for a free consultation.
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