Rollover auto accidents can have life-changing consequences. Learn how to avoid them and if needed, get compensated for your rollover accident injuries.
Rollover auto accidents cause serious and fatal injuries at disproportionately high rates. While these car accidents are most common with truck accidents and other SUVs, all types of vehicles can flip under the right set of circumstances. If you’ve been injured or lost a loved one in one of a rollover car accident, you may be entitled to compensation in the form of an auto accident settlement. This article will discuss the different compensation options available, who is considered at fault in a rollover accident, and when you should speak to a defective product or car accident attorney about your accident.
A good personal injury attorney can help you get compensation after a rollover car accident. This includes everything from determining what company is liable for your losses to fighting for just compensation at trial if necessary. But, most successful claims are resolved via settlement, and an experienced rollover accident attorney may be able to help you secure just compensation without even going to court.
How Do You Seek Compensation for a Rollover Accident?
In order to seek compensation for a rollover accident, you first need to know what company is responsible. There are two likely options:
- Another Driver’s Insurance Company – If you were involved in a collision with another driver, that driver’s insurance company may be liable for your losses. You may also be able to secure coverage under your own insurance policy (and possibly under a family member’s policy). A rollover accident lawyer can help make sure you seek the maximum insurance coverage available.
- Your Vehicle’s Manufacturer – If your vehicle rolled over because it was defectively designed, then the manufacturer could be liable. Despite the well-known risks of rollovers, manufacturers continue to produce dangerous vehicles, and claims against manufacturers will often result in significant awards of financial compensation.
A third possibility is that a government entity is liable for your (or your loved one’s) rollover accident. This could be the case if an issue with the road caused you (or your loved one) to lose control. The Insurance Institute for Highway Safety (IIHS) reports that more than 25% of rollover accidents occur without any precipitating collision.
- How Much Is Your Car Accident Settlement Worth?
Find out the maximum compensation you could receive.
- How Much Is My Car Accident Settlement Worth?
What’s Included in a Rollover Car Accident Settlement?
Getting a fair car accident settlement after a rollover accident depends on many different factors. This includes everything from the cause of the accident to the amount of insurance coverage that is available, and from the amount of your losses to your choice of rollover accident lawyers.
Some of the key factors that will determine how much you can recover include:
- Who is to blame? Did another driver cause the accident? Do you have a claim for a vehicle or road defect? Will the insurance companies try to blame you (or your loved one) for partially causing the crash?
- How much insurance coverage is available? If you have an auto insurance claim, the amount of coverage that is available could determine how much you are ultimately able to recover.
- What mistakes were made? In some cases, rollover accident victims and families can seek punitive damages in the car accident settlement. If the other driver was drunk, or if your vehicle’s manufacturer knew your car, truck or SUV was dangerous, most good auto accident lawyers may be able to seek punitive damages on your behalf.
- How much have you lost (and will you lose)? The amount of your compensation for your car accident will be directly tied to your actual losses. This includes your losses to date and the losses you will experience in the future.
Taking all relevant factors into account, your rollover accident lawyer will calculate the amount that you are entitled to recover. Typically, this will include compensation for:
- Medical expenses
- Prescriptions, therapy, rehabilitation, and other recovery-related expenses
- Loss of income and earning capacity
- Pain, suffering, and emotional trauma
- Post-traumatic stress
- Loss of companionship and consortium
- Loss of enjoyment of life
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Almost all car accident attorneys represent their clients “on contingency,” which means they don’t charge any legal fees if they win. Typical contingency fees for rollover accident cases are in the range of 33% of the amount recovered, but some lawyers charge less and some charge more. Before taking your case, a lawyer should clearly explain the fees he or she will charge.
How long you have to file a claim after a rollover car accident depends on the statute of limitations in your state. In most states, the statute of limitations is at least two years. However, there are a few states that are 1 year, and it’s usually a good idea not to wait to file your car accident claim. Evidence can disappear, and delays can lead to other challenges as well. As a result, it is in your best interests to speak with an auto accident attorney as soon as possible.