With rollover accidents, there is a high chance of both the driver and passengers suffering serious or even fatal injuries. This is why such crashes are characterized by more legally complicated cases if you decide to file a personal injury claim. A rollover accident will happen when something forces your car to roll on its roof, on the side or to roll a number of times. With the confusion, frustration and shock that come after any traffic accident, you will have to keep a clear mind if you are to get compensation for the injuries and damage suffered. This is why you should be aware of the common causes of rollover accidents, what to do after the crash and the process of filing a claim.
Causes of rollover accidents
In order to determine liability, it is important to understand the common causes of rollover accidents. Some of the reasons why your car may roll over include defective tires or tire blowouts, poorly maintained roads, vehicles with high centers of gravity as well as driving hazards as a result of weather conditions and construction.
What to do after a rollover accident
The serious injuries sustained following a rollover accident may make it difficult for you to take the following steps. However, it would be important to:
Seek medical attention
Seeking medical attention immediately after the accident will ensure that you receive specialized medical care. Failure to see a doctor will make it difficult for you to account for injuries that surface after some time. This will affect your chances of getting compensated.
Report to the police
Just like with any other accident, you should contact the police and ensure that you get a police report. Such a move will help to make your claim more credible.
Consult an experienced attorney
Before signing any documents, talking to the other driver or discussing with their insurance company, you should consult an experienced personal injury attorney. This will ensure that your legal rights are protected and the entire process is handled in a professional manner.
Filing a lawsuit
After a rollover accident, the injuries sustained may lead to high medical bills, lost income, pain and suffering. If you believe that another party was at fault, you should work with an experienced NYC personal injury law firm to seek the compensation you deserve. Depending on the legal elements of the accident, you can file a claim against the vehicle manufacturer, the relevant city authority or the other driver.
Liability in rollover accidents
The cause of the rollover accident will help to determine the party that will be held liable. This party will also pay the compensation necessary to recover various damages.
Negligence on the part of the driver
Engaging in distracted driving or taking a turn too fast can constitute negligence on the part of the driver. Some of the other factors that may result in the car rolling over include swerving, oversteering and driving under the influence of drugs and alcohol. In case such actions result in a rollover accident, the driver at fault will be held liable.
Product liability claims
Some vehicle defects may cause the driver to lose control of the car, leading to a rollover accident. In the event that investigations into the accident reveal that the design and construction of the vehicle led to the accident, filing a product liability claim will see the vehicle manufacturer being held liable. This is because auto makers have a responsibility to ensure that vehicles are safe and function optimally.
If road hazards such as potholes, sinkholes, uneven pavements and speed limits that are too high lead to a rollover accident, you may file a claim against government and city entities responsible for maintaining roads. Depending on the circumstances of the accident, you may also sue the contractor in charge.
There are cases where the accident is the fault of several parties. For instance, if a distracted driver veers off the road and rolls over as a result of a poorly maintained road, both the driver and the contractor in charge will be held liable.
One of the factors that determine whether you should hire a lawyer to handle the claim process is the severity of injuries suffered. Since rollover accidents are likely to result in such injuries, it would be important to look for a reputable NYC personal injury law firm to represent you.