Rollover accidents often leave devastation in their wake, such as severe injuries and property damage. If you or a loved one suffered harm due to a crash caused by another party’s reckless, negligent, or careless acts, you could collect financial compensation for your losses.
A Tampa car accident lawyer will defend your rights during the aftermath. With our team working on your side, we will build a case proving your legal position. This means we will collect solid evidence to assist us in identifying and establishing a liable party.
Investigate the Rollover Accident
A car crash in which the vehicle tips over onto its side or roof is known as a rollover accident. These incidents can occur as multi- or single-vehicle accidents and often occur when a driver loses control or hits an obstacle, such as a guard rail or median.
An attorney can help investigate your automobile accident by objectively analyzing the facts to determine negligence. They can build a solid case by conducting a thorough investigation by:
- Gathering evidence: An attorney can strengthen your case by collecting police reports, photographs of the accident scene and vehicle damage, and witnesses’ statements.
- Interviewing involved parties: The lawyer will likely want to speak with the parties involved in the accident and any witnesses to gather information about what happened. Witnesses can provide an accurate account of the events leading to and directly following the incident.
- Reviewing medical records: If any of the parties involved in the accident were injured, the lawyer would want to review their medical records to determine the extent of their injuries and how they may have been caused.
- Analyzing the evidence: Once all of the evidence has been gathered, the lawyer will analyze it to determine who may be at fault for the accident.
- Consulting experts: In some cases, the lawyer may consult with experts in fields, such as accident reconstruction, to help understand the cause of the accident. Reconstruction specialists can help determine the cause of the crash and the responsible party.
Ultimately, their goal is to ensure victims of car accidents receive fair and adequate compensation after tragedy strikes. Seeking legal counsel can help protect your rights and ensure you receive maximum compensation for your injuries related to a rollover car accident.
Common Causes for Rollover Accidents
These crashes are typically caused by a combination of factors, including the vehicle’s design, the driver’s actions, and the road conditions. Rollover accidents are more common in vehicles with a higher center of gravity, such as SUVs and vans.
Vehicles prone to rollovers, such as large commercial trucks, often require their drivers to work long shifts and drive for many consecutive hours. These working conditions can increase the risk of errors like distracted or drowsy driving.
Road conditions and inclement weather often cause rollovers. However, many rollover accidents result from dangerous and reckless driving behaviors, including:
- Drowsy driving
- Aggressive lane changes
- Following too closely and tailgating
- Texting while driving
- Drunk driving
- Distracted driving
Understanding these common causes for rollover accidents can help drivers better protect themselves on the roads. Furthermore, identifying the accident cause is crucial in pursuing an accident claim.
Identify the Liable Party
A personal injury lawyer can help you determine who is responsible for damages caused by negligence or wrongdoing, whether an individual or an organization. The negligent party is often considered liable when a single vehicle is involved in a rollover accident.
However, a lawyer can investigate if another party can be held accountable.
Common at-fault parties in a rollover accident include:
- Another driver: In a multi-vehicle collision, the other driver involved in the incident can be at-fault if they engage in reckless driving. A lawyer can help establish negligence.
- Employer: When the rollover accident involves a large commercial vehicle, the trucking company may be at fault. Your attorney can investigate if the company met its duties of ensuring safe working conditions for employers.
- Vehicle manufacturer: If a defect caused the crash in the vehicle’s design or fabrication, the manufacturer might be held liable.
- Maintenance company: A collision may be caused due to a lack of proper maintenance, in which case the company responsible for this service can be at-fault.
- The government or municipality: A government entity could be held responsible if the accident was caused by poor road design or maintenance.
Please note this list is not exhaustive; other parties may be held liable depending on the circumstances of the accident. Also, more than one party can sometimes be held liable for a rollover accident.
Once the liable party is identified, a lawyer can guide you through filing a claim and establishing liability. They have the legal knowledge needed to ensure the case is handled correctly and will help minimize the chance of costly mistakes.
Multiple Parties Can Be At-Fault
If multiple parties are liable, your lawyer can represent you against each potential defendant in negotiations or court proceedings. This can lead to a settlement agreement or the determination of liability for one specific party.
Moreover, your auto accident lawyer can advise you on how best to respond to counterclaims made by opposing parties. With legal assistance, your attorney can focus on getting fair restitution, handling paperwork, meeting deadlines, and performing legal on your behalf.
Proving Liability in Your Rollover Accident
As with many car accident cases, rollover accidents typically begin with a thorough investigation. Establishing the negligent driver is key to a successful claim.
Negligence is when someone fails to minimize the risk of causing harm to a reasonable degree. Under personal injury law, negligence refers to negligent conduct and behaviors considered reckless or careless.
The following four elements of negligence will demonstrate how the other party should be held liable:
- Duty of care: The party held liable had a legal obligation to exercise reasonable care to prevent harm to others. In the case of an at-fault driver, this means abiding by all traffic rules and practicing safe driving.
- Breach of duty of care: The liable party failed to meet the standard of care. This is the most critical element in car accident cases. You can establish this element by showing how the at-fault motorist violated a traffic law.
- Causation: The at-fault driver’s failure to meet the standard of care caused the motor vehicle accident, which resulted in your injuries.
- Damages: As the accident victim, you suffered consequential losses.
Your personal injury attorney can establish the four elements of negligence by thoroughly investigating your case. Collaborate with your attorney to piece together the incident from the available evidence.
Florida’s Comparative Fault System
Establishing the four elements of negligence is only one battle in your fight for compensation. Since Florida is a comparative fault state, your compensation could be reduced if you share fault for your accident.
The negligence doctrine uses a percentage-based system. If, for example, the other driver was speeding and you were distracted at the time of the crash, you would share a percentage of fault. A judge may determine that you were 30% at fault for the accident, in which case you would only recover 70% of the full compensation amount.
If you were involved in a Hillsborough County crash, our Tampa rollover accident attorneys could help you pursue maximum compensation. We can challenge the other party’s claim and the degree of fault associated with your actions.
Assess Accident-Related Losses
Assessing losses is an integral part of any insurance claim and lawsuit. It involves estimating the extent of the property or personal damage incurred during the incident. A car accident lawyer will meticulously investigate the accident scene, interview witnesses, and gather evidence to determine your losses.
By accurately assessing the losses resulting from an accident, those affected can receive coverage for medical bills, lost wages, damage to property due to accidental fault, funeral expenses in cases of death, and other related costs.
If you lost a loved one in a rollover accident, our lawyers could help you file a wrongful death claim to ease your family’s financial burden. You can determine liability for your loved one’s death with compassionate legal assistance.
Losses in Truck Accidents
Rollover accidents often occur in large commercial vehicles. In these instances, trucking companies and their insurance carriers will likely get involved in your case. Insurance companies often negotiate with victims to try to reduce their settlement amounts.
Sometimes they do this by offering lowball settlement amounts. In other cases, they try to reject a victim’s claim altogether. You can avoid putting up with these negotiation tactics when you have one of our lawyers working on your side.
Our lawyer will handle these negotiations with drivers and insurance companies on your behalf. They will also handle communications with witnesses, law enforcement, medical professionals, and other parties connected to your case.
Common Rollover Accident Injuries
In a rollover accident, the human body is subject to extremely destructive forces as the vehicle rolls and rotates multiple times. This can lead to serious physical injuries, such as:
- Traumatic brain injury (TBI)
- Spinal cord injury
- Fractures (broken bones)
- Soft tissue injuries (sprains, strains, and bruises)
- Lacerations (cuts)
- Internal injuries
In addition to these physical injuries, psychological issues, such as post-traumatic stress disorder (PTSD), are common among survivors of rollover accidents. If you experience emotional distress after the crash, a trained mental health therapist can help you process your traumatic experience.
Car crash survivors should always seek immediate medical care, even if they don’t feel hurt. Certain injuries, like whiplash, can have a later onset of symptoms. Furthermore, seeking medical attention strengthens your credibility and provides valuable evidence should you take legal action.
Pursue Recoverable Damages
You may recover damages through legal action when you suffered loss or injury caused by someone else’s negligence or wrongful action. Damages provide financial relief by covering medical costs and other accident-related expenses.
A lawyer will review your case evidence and navigate the process of seeking compensation or justice for your injuries. Our legal team will assess your losses as they pursue any forms of financial compensation you may be owed.
Potential forms of compensation you may be owed include compensatory damages (economic and non-economic) and punitive damages.
Economic damages refer to the monetary losses suffered as a result of a car accident. When determining your losses, courts consider many factors, such as lost profits and medical attention. With legal assistance, you may recover:
- Medical expenses: This includes any medical treatment required due to the accident, such as hospital stays, doctor’s visits, prescription drugs, and physical therapy.
- Lost wages: Victims may lose income due to being unable to work after the accident, either because of injury or time spent recovering.
- Property damage: Claimainst can present the cost of repairing or replacing any damaged property, such as a vehicle.
- Loss of earning capacity: If the injury from the accident leads to a permanent disability preventing you from returning to your previous occupation or earning the same amount of money, request compensation for the potential loss of future earning capacity.
Keep records and receipts of all expenses related to the accident to calculate economic damages accurately. Detailed documentation of your accident-related expenses will strengthen your compensation claim.
These damages refer to the non-monetary losses suffered as a result of a car accident. These can include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Emotional distress
Non-economic damages can be more difficult to quantify than economic damages, as they are not directly tied to specific expenses or financial losses.
A lawyer can help assess these based on injury severity, the length of recovery time, and the accident’s impact on the individual’s overall quality of life.
These exemplary damages are a form of compensation awarded in addition to economic and non-economic damages. They are intended to punish the defendant for particularly egregious or reckless conduct and deter similar behavior in the future.
Punitive damages are not awarded in every case; these are typically only granted in situations where the defendant’s conduct was reckless, intentional, or malicious.
Furthermore, in some jurisdictions, the court can decide the amount of damages. According to the Florida punitive damages statute, the award cannot exceed a set amount. The cap is set at $500,000, or three times the amount of compensatory damages, whichever is higher.
Negotiate a Fair Compensation
A rollover accident lawyer can review any insurance policies, determine what coverage may apply, and communicate with insurance companies on your behalf. In doing so, we will negotiate to recover the monetary compensation you may be owed for your losses.
Furthermore, if necessary, we can also file a lawsuit to seek compensation for any injuries or damages from the accident. Discuss your case with our legal team to learn more about how we can assist you after a rollover accident.
Abide by the Florida Statute of Limitations for Car Accidents
State-specific laws limit the amount of time victims have to act. As the statute of limitations under Florida Statute § 95.11 shows, victims have four years to take legal action if the accident results in injuries and two years after a fatal accident.
If you were injured in a car accident in Tampa Bay, a lawyer from our firm will assist you in seeking justice. Still, you must pursue assistance within the statute of limitations outlined by the state of Florida.
We Work on a Contingency-Fee Basis
For a FREE consultation, get in touch with a team representative today. Our law firm works for a contingency fee, so do not worry about the cost. We charge nothing out of your pocket and collect our fee after you are awarded compensation.
Legal and financial stress can become a significant source of distraction and anxiety when your most important task is to prioritize your return to health. With one of our lawyers working on your case, you can focus on getting back on your feet after a rollover accident.
A rollover accident lawyer in Tampa will defend your rights as we investigate the source of an accident. We will consider your losses in our investigation as we work to identify and establish a liable party and communicate with any other parties related to your case on your behalf.
Contact the Law Offices of Anidjar & Levine Today
If you are trying to cope with your injuries after a collision, the last thing you want is more problems to manage. A Tampa rollover accident lawyer from Anidjar & Levine will stand up to defend your legal position.
If you are confused about your case or have questions, we will answer any questions and clarify your expectations. Our team of lawyers will investigate your incident, pursue justice, and build a solid case on your behalf. Contact our office today for more information about how we go the extra mile for you.
We Can Help.