Rollover accidents are among the most severe vehicle accidents that you can have. Vehicles were not designed to handle that kind of stress and often experience severe damage because of it. Drivers and passengers are at extreme risk for injuries and have to deal with long recoveries or disabilities. According to the Centers for Disease Control and Prevention (CDC), more than 2.5 million people are injured every year in vehicle accidents.
Your accident was one of many, and you will not be alone in taking legal action against the person that caused your accident. You may be able to collect financial compensation for any expenses related to your recovery. If you think you have a viable case, discuss it with the legal office of a San Diego rollover accident lawyer to see what your legal options are. Call the offices of Ben Crump Law, PLLC at (800) 598-7557 for a free consultation about your case.
Understanding Your Rights
The victim of a rollover accident gives you the option of filing a civil lawsuit against any liable party involved in your accident. Who you sue depends on the specifics of what happened. It could be the driver of another vehicle, the mechanic that completed poor maintenance on your car, or even the government for creating unsafe driving conditions. Your lawyer will determine the best method to move forward and help you understand what your legal options are while building your case.
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Liability influences who you can sue after a rollover accident. It depends on how the accident happened, but there are several parties that might be liable (financially responsible) for your damages and expenses. It mainly depends on if the other vehicle was owned and operated by a company, or if the condition of the roadway is responsible for the accident.
In most cases, it is the driver of the other vehicle who is liable for your accident. However, this may not be the case. If your accident involves a vehicle that is owned and operated by a company or a local government, you may be able to file a lawsuit against that entity under specific circumstances. For example, companies are responsible for periodic maintenance on their vehicles. If the company was negligent in its maintenance procedures and the vehicle malfunctions, causing an accident, the company may be held liable.
In some cases, governments can also be held liable. They are responsible for maintaining roadways and the overall design of those roadways. If a road, for example, has a lot of potholes that cause accidents, the government may be held liable for the damages. Some governments have laws prohibiting lawsuits in favor of other methods of resolving liability claims, and this varies by location. Work with a San Diego rollover accident lawyer to see if your lawsuit is viable in the area where the accident happened based on the existing laws. Contact our team at Ben Crump Law, PLLC for more information.
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Settlement vs. Trial
Settling a rollover accident lawsuit can happen in multiple ways. One of the most common ways that civil lawsuits are settled is through settlement agreements. It is a contract that says that you will give up all claims to liability in return for a specific amount of compensation. However, you can renegotiate your agreements until it meets your needs. You are not obligated to accept a settlement agreement; your lawyer can take your case to trial if that is what you would prefer.
Lost Wages and Other Expenses
There are a number of possible expenses that you could have to deal with after a rollover accident. These expenses include:
- Medical expenses
- Car repairs or replacement
- Other property damage
- Physical therapy
- Lost wages
There may be other expenses not covered on this list. If you are involved in a rollover accident, filing a lawsuit may help you deal with the related expenses. It is common for accident victims to file lawsuits.
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Seeking Financial Restitution
The goal of every civil lawsuit is to collect financial compensation from liable parties for the injuries and damages that they caused. This is done by filing claims for different types of expenses in civil lawsuits. The judge goes through each of the claims and determines if the victim should be compensated and how much they should be compensated. It is an effective way of helping victims recover by giving them the financial means to get their finances back in order after handling related expenses.
After rollover accidents, victims tend to have a lot of expenses. These include emergency medical care, ongoing medical care, vehicle repair or replacement costs, and lost wages for missing work. The cost of your recovery can increase quickly, making it difficult to afford the services that you need to make a full recovery. Rather than dealing with those expenses alone, many victims choose to take legal action so that they can get compensation from the other party.
If you are considering taking legal action, then you should do so as soon as possible. There is a time limit called the statute of limitations that limits how long you have to file your case after the accident. You have three years to file any claims for property damage, according to the California Code of Civil Procedure (CCP) §338. You have less time, only two years, to file claims for personal injuries, per CCP §335.1. Do not miss your opportunity to take legal action by waiting too long to discuss your case with the office of a lawyer.
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While you are trying to recover from a rollover accident, consider taking legal action. Doing so can help you collect compensation that can protect your finances from long-term damage. It can also be an effective way to help you get your life back on track by helping you with the long-term costs of your recovery.
If you or a loved one were injured in a rollover accident, you may be able to take legal action against the person responsible for your accident. To understand the legal process and how it will work in your case, contact the offices of a San Diego rollover accident lawyer for legal advice. You can call the offices of Ben Crump Law, PLLC at (800) 598-7557 to discuss your case during a free consultation.