Rollover accidents often result in catastrophic injuries and fatalities. In fact, according to the National Highway Traffic Safety Administration, over 100,000 rollover accidents happen every year throughout the United States leading to serious injuries. If you experienced a rollover accident, you may have medical bills, lost wages, property damage, and pain and suffering as a result of your injuries and losses. Learn more about how you can receive justice and compensation from the negligent party that caused your rollover accident by visiting with an experienced personal injury attorney at Labrum Law Firm at (615) 338-9500 for a free consultation today.
What Causes Rollover Accidents?
Rollover accidents can happen as a result of many different types of scenarios on the roadways. However, there are some common causes that result in rollover accidents including the following contributing factors:
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Distracted driving
- Speeding, failing to follow the rules of the road, or otherwise driving recklessly
- Rural roads that have a dangerous curve or wild animals that may dart in front of vehicles
- Inclement weather conditions such as snow, rain or ice
- Vehicles with higher centers of gravity, such as SUVs, vans, and trucks that have a greater risk of rolling over
- Manufacturing defects
Making the exact determination of the cause of the rollover accident is critical in order to help determine which party has the legal responsibility to compensate a victim for their economic and non-economic losses. Visiting with an experienced personal injury attorney at Labrum Law Firm as soon as possible following your accident can help ensure that all evidence remains preserved and that you ensure your legal rights remain protected.
Who Has Responsibility to Pay For A Victim's Injuries and Losses After a Rollover Accident?
Depending on the facts and circumstances of the rollover accident, the following party (or parties) may remain legally responsible to compensate a victim for their injuries and losses.
In many cases, the negligence of a driver of another passenger vehicle, commercial truck, or motorcycle causes the rollover accident to occur. The driver in the car that rolls over may have attempted to swerve away from a head-on collision or attempt to avoid a sideswiping accident. If another driver's negligence causes the rollover accident, the driver of that vehicle will have the legal responsibility to compensate the victim(s) for any injuries and losses that result from their reckless or negligent behaviors.
Manufacturer, Designer, or Retailer of a Defective Product
All manufacturers, designers, and retailers of products placed in the stream of commerce must adhere to legal guidelines established under the Product Liability Fairness Act. This federal law applies to any part or component of a vehicle on the roadways. If a vehicle's brakes, steering mechanism, or other part fails as a result of a design or manufacturing defect, the victim may have the legal right to bring a claim under product liability law against the manufacturer, designer or even retailer (seller) of the defective part or component.
If a government entity, such as a local city or town, is in the process of construction or repair on the roadways (or if the government fails to correct damage on the roads), they may have a responsibility to compensate victims for their negligence. If a government entity leaves hazardous or dangerous conditions on the roadway (potholes, debris from a construction site, etc.) they may have liability for any rollover accidents that occur. Filing a claim against a government entity can prove legally challenging and complex, and have much different statute of limitations (deadlines) than typical civil claims. Learn more about your legal right to file a claim against a government entity following your rollover accident by contacting an experienced personal injury attorney at Labrum Law Firm today.
How Much Compensation Can I Receive For My Rollover Accident?
The amount of compensation a victim has the ability to receive following a rollover accident depends on the nature and extent of their injuries, the long-term impact on their life, their property damage, the amount of wages lost as a result of an inability to work, and their pain and suffering. Some of the types of compensation a victim may have the legal right to pursue following a rollover accident includes:
- Medical bills including transportation by ambulance or life-flight helicopter, emergency room costs, hospitalizations, surgery, medical treatments and care, medications, physical therapy, psychological therapy and counseling, medical devices, transportation to medical appointments, expected future medical expenses, and in-home medical care and assistance
- Loss of wages including salary or hourly wages, missed bonuses, used vacation and sick leave, missed promotional opportunities, lost employee benefits, lost pension contributions made by the employer, loss of future wages, and more.
- Property damage to the vehicle that rolled over and/or the contents inside the vehicle
- Pain and suffering
- Loss of enjoyment of life
- Psychological distress or emotional trauma
- Loss of consortium for family members
How Can an Experienced Attorney Help Me After a Rollover Accident?
If you experienced a rollover accident, you likely have overwhelming medical debt, the loss of income due to an inability to return to work, loss of a vehicle and property damage, and pain and suffering. The time in which you have to file a legal claim in a court of law if the inusrance company does not provide a fair and just settlement offer is only one year in the state of Tennessee, under Tenn. Code Ann. § 28-3-104(1). Time is of the essence to understand all of your legal rights and ensure they remain protected. We welcome the opportunity to answer your questions, as well as ensure you receive the compensation you deserve under the law. Contact an experienced personal injury attorney at Labrum Law Firm at (615) 338-9500 today for a free consultation regarding your rollover accident case.