A rollover accident can be a nerve-wracking situation. You will likely have to deal with your injury and extensive damage to your vehicle, not to mention insurance companies who might make it difficult to recover the compensation you deserve. Insurance company adjusters will determine the extent of the damage, but you may have to fight tooth and nail to get the right amount of compensation.
If you or a loved one were injured in a rollover crash, contact a San Jose Rollover Accident Lawyer as soon as possible. You may be eligible to seek compensation not only for economic damages, such as medical expenses and lost wages, but also for pain and suffering and other non-economic losses.
Call Ben Crump Law, PLLC today at (800) 598-7557 to discuss your case and learn what legal options might be available to you.
Rollover Accident Facts
According to SaferCar.gov, any type of vehicle can rollover. However, taller vehicles such as SUVs, vans, and pickup trucks that have a higher center of gravity may be more susceptible to rollover accidents.
Wearing a seat belt can greatly improve your chances of surviving a rollover accident. The National Highway Traffic Safety Administration reports that when vehicle occupants are not restrained by a seat belt, rollover accidents are more likely to cause fatalities than any other type of accident. Nearly 75% of occupants killed in rollover crashes are not wearing seat belts and approximately two-thirds are completely ejected from the vehicle.
For a free legal consultation with a rollover accidents lawyer serving San Jose, call (800) 598-7557
Determining If Your Rollover Accident Case Is Valid
There are many ways a person or entity can be held liable for a rollover car accident. Rollover car crashes often involve negligent drivers, as well as manufacturers and suppliers of vehicles that sold defective products. While drivers must provide the utmost care when driving on the road to avoid harming other people or vehicles, those who sell vehicles, trailers, and automotive parts must protect the public from the dangers of defective products as well.
If a product is inherently defective and the driver or a third party suffers an injury because of that defect, the manufacturer and/or supplier can be held liable. Drivers and third parties who are responsible for causing the rollover accident because of negligence may be held liable as well. A San Jose rollover accident lawyer can help you determine if your case is valid.
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Proving a Rollover Car Accident Case
If you are qualified to file a lawsuit, you must prove a claim for damages depending on the circumstances of your rollover accident. As a plaintiff, you must prove that the driver, third party, and/or entity was negligent.
The Defendant Owes You a Duty of Care
Every driver and car owner has the responsibility to care for other motorists on the road. They should drive safely and follow traffic rules to avoid any accidents or injuries. Entities that supply vehicles, spare parts, or driving equipment must ensure that using their products will not result in injury.
There Was a Breach of the Duty of Care
When a driver breaches the duty of care, they are responsible for any injuries that result. Some examples of breach of duty include driving above the speed limit, driving under the influence, and not following traffic rules.
If your injury was caused by a defective vehicle or spare part, you must prove that if the defect was not present, the accident and injury would not have happened. Following the same concept, an entity such as a city or county that fails to maintain roads in proper condition, or a public utility vehicle company’s failure to keep its vehicles in good running condition, can also be held liable for negligence.
Your Injuries Resulted from the Breach of Duty
Your San Jose rollover accident lawyer must prove the connection between the breach of duty and the injury you sustained to win your lawsuit. This might involve employing accident reconstruction experts or gathering testimony from witnesses to show how the accident’s impact caused your injury.
You Suffered Damages
Your lawyer must show that you sustained damages because of the accident. This may include proving your physical injury through medical records and estimating the cost of your pain and suffering.
Rollover car accidents can be complicated. A San Jose rollover accident lawyer can help you file a valid claim and get the compensation you deserve. Contact Ben Crump Law, PLLC today to schedule a free consultation.
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State Laws That May Impact Your Case
If you have a potential rollover case against a person or entity, there are several laws that may affect your claim.
Statute of Limitations
Under California law, if the car accident resulted in injury, you must file your lawsuit within two years after the date of the accident. If anyone dies because of the rollover crash, the family must file a wrongful death case within two years from the person’s death. California Courts give you up to three years after the accident to file a claim against the at-fault party over damage to your vehicle or other property damage.
Statutory Damage Caps
In California, there are no caps on economic and non-economic damages. The amount of compensation you can receive depends on what your case is worth. A San Jose rollover accident lawyer can help calculate how much your injuries have cost you financially, physically, and emotionally. For wrongful death, the family may be able to file for damages due to loss of financial and emotional support, loss of parental care and advice, and more.
Find a Lawyer to Represent You
If you or a loved one were injured in a rollover accident because of the negligence of another party, a San Jose rollover accident lawyer with Ben Crump Law, PLLC can review your case and determine the compensation you may be entitled to. Our team will be with you every step of the way.
Ben Crump Law, PLLC works on a contingency fee basis, which means there are no upfront or out-of-pocket costs for us to represent you. We only collect a fee if we are able to win your case. To learn more, call us today at (800) 598-7557.