During a rollover accident, a vehicle tips and lands on its side or roof — often due to extreme force or loss of control. Other drivers can cause these collisions by speeding, tailgating, or making sudden lane changes, which can force a driver to swerve and lose control. Distracted or impaired driving also increases the risk, as these behaviors can lead to sudden, dangerous maneuvers that trigger rollovers.
If you suffered injuries in a recent rollover accident that a negligent driver caused, you are not alone. A Fort Lauderdale car accident attorney in your jurisdiction can evaluate your legal options, file a claim or lawsuit on your behalf, and work to pursue the settlement or litigation compensation you deserve.
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How Do Rollover Accidents Occur?
Rollover accidents are among the most dangerous collisions on the road. They often result in severe injuries or fatalities. One of the main causes of rollover accidents is other drivers’ negligence. Common examples of driver negligence include the following:
- One common way rollover accidents occur is through aggressive driving. When drivers tailgate or speed excessively, they create dangerous situations. For instance, if a driver suddenly changes lanes or cuts off another vehicle, they can force the other driver to swerve sharply to avoid a collision. Such abrupt maneuvers can cause a vehicle to lose stability and rollover.
- Another significant factor is impaired driving. Drivers who are under the influence of alcohol or drugs have reduced coordination and slower reaction times. This impairment increases the likelihood of making poor decisions, such as failing to maintain proper lane control or misjudging speeds. These mistakes can easily lead to rollovers, especially if the impaired driver is traveling at high speeds or attempts dangerous maneuvers.
- Reckless driving behavior, such as running red lights or ignoring stop signs, can also lead to rollovers. When a driver ignores traffic signals or signs, they increase the risk of high-speed collisions with other vehicles. These collisions can force vehicles into a roll, especially if they involve SUVs or trucks with a higher center of gravity.
- Distracted driving is also a major contributor to rollover accidents. When drivers are engaged in activities like texting, talking on the phone, or adjusting the radio, they take their attention away from the road. This distraction can result in a driver drifting out of their lane or failing to notice an upcoming hazard. If a driver veers off the road or swerves to avoid an obstacle, it can trigger a rollover, particularly if the road is uneven or if the vehicle is not designed to handle such sudden changes in direction.
- Finally, improper vehicle maintenance can exacerbate rollover risks. Worn-out tires, faulty brakes, or malfunctioning suspension systems can make it harder for a driver to control their vehicle, increasing the chances of a rollover during sudden maneuvers or high-speed driving.
Common Injuries in a Vehicle Rollover Accident
Vehicle rollover accidents can lead to a wide range of serious injuries, especially when due to another driver’s negligence. Common injuries resulting from a rollover accident include the following:
- One of the most frequent injuries in rollover accidents is head trauma. When a vehicle rolls over, occupants can strike their heads against hard surfaces, such as the interior roof, windows, or other parts of the car. This impact can lead to concussions, skull fractures, or traumatic brain injuries (TBIs). TBIs can have long-lasting effects, including cognitive difficulties, memory issues, and changes in behavior.
- Spinal injuries are also common in rollover accidents. The violent motion of a rollover can cause the spine to forcefully twist or compress. This can result in herniated discs, fractured vertebrae, or even paralysis. Injuries to the spinal cord can significantly affect a person’s mobility and quality of life.
- Broken bones are another frequent injury in rollovers. The force of the crash can cause limbs to hit against hard surfaces or each other, leading to fractures or dislocations. Commonly fractured bones include the arms, legs, ribs, and pelvis. These injuries can require extensive medical treatment and rehabilitation.
- Internal injuries are also a serious concern. The violent shaking and impact during a rollover can damage internal organs such as the liver, spleen, or kidneys. Internal bleeding can also occur, which can become life-threatening if not treated promptly.
- Facial injuries are often sustained during rollovers, especially if occupants are thrown against windows or other parts of the vehicle. These injuries can include cuts, bruises, or fractures to the facial bones. In severe cases, they may require reconstructive surgery.
- Finally, soft tissue injuries, such as whiplash or muscle strains, are also common. The sudden and forceful movement of a rollover can strain neck muscles, ligaments, and tendons, leading to pain and discomfort.
What Is the Value of a Third-party Rollover Accident Case?
The value of a vehicle rollover accident case resulting from driver negligence can vary widely depending on several factors. These factors include the severity of the injuries, the extent of property damage, and the repercussions on the victim’s life. Understanding the potential value of a case and the compensation available can help victims seek fair compensation for their losses.
One of the primary components of compensation in rollover accident cases is medical expenses. This includes costs for emergency treatment, hospitalization, surgery, and any ongoing medical care or rehabilitation needed. Victims may also receive compensation for the cost of prescription medications, physical therapy, and any necessary medical equipment.
Another significant type of compensation is for lost income. If a victim is unable to work due to their injuries, they may be entitled to compensation for the income they lost during their recovery. This can include both the income lost while initially recovering and any future loss of earning capacity if the injuries result in long-term or permanent disability.
Pain and suffering is also a major component of compensation. This covers the physical pain and emotional distress the accident and the resulting injuries caused. Unlike medical expenses and lost income, pain and suffering compensation does not have a fixed amount and typically depends on the severity of the injuries and their effects on the victim’s quality of life.
Property damage compensation is another critical aspect. This includes the cost of repairing or replacing the damaged vehicle and any personal property inside it that was damaged in the accident.
In cases where the negligence of the driver is particularly egregious, the victim may pursue punitive damages. These damages intend to punish the at-fault driver for their behavior and deter others from similar actions. Punitive damages are typically reserved for situations involving gross negligence or intentional misconduct.
In addition, victims may seek compensation for any loss of consortium, which refers to the effect on relationships with family members due to the injuries. This type of compensation addresses the emotional and psychological effects on spouses and family members.
A skilled motor vehicle accident attorney can help victims understand their rights and pursue the appropriate compensation for their losses.
How Do You Prove Negligence in a Rollover Accident Case?
To prove negligence in a rollover accident case, you must demonstrate that the other driver failed to meet the standard of care expected on the road and that this failure directly caused the accident and your injuries. Here’s a step-by-step look at how this can be done:
- Establish Duty of Care — The first step is to show that the other driver has a duty to drive safely. Every driver has a legal obligation to follow traffic laws and drive in a way that prevents harm to others. This duty includes obeying speed limits, avoiding distractions, and not driving under the influence of alcohol or drugs.
- Prove Breach of Duty — Next, you must prove that the driver breached this duty of care. This means showing that the driver acted in a way that was careless or unreasonable under the circumstances. For example, if the driver was speeding, texting, or driving aggressively, these actions can be a breach of their duty to drive safely.
- Demonstrate Causation — After establishing a breach of duty, you need to show that this breach directly caused the rollover accident. This involves proving that the driver’s actions were the primary reason for the accident occurring. You will need to connect the driver’s negligence with the rollover and your resulting injuries. For instance, if the driver’s reckless lane change caused you to swerve and roll over, you must demonstrate how those actions led directly to the accident.
- Show Damages — You must also provide evidence of the damages you suffered due to the rollover accident. This includes medical expenses, lost income, pain and suffering, and any other losses you experienced. Documentation such as medical records, repair bills, and proof of lost income can help establish the extent of your damages.
- Gather Evidence — To support your case, you will need evidence from the accident scene. This can include police reports, witness statements, and photographs of the accident scene and vehicle damage. Expert testimony, such as from accident reconstruction specialists, can also help illustrate how the driver’s actions caused the rollover.
Proving negligence requires showing that the driver failed to meet their duty of care, that this failure caused the accident, and that you suffered damages as a result. Collecting solid evidence and working with a Fort Lauderdale car accident attorney can help you strengthen your case and seek appropriate compensation for your losses.
What Are the Steps to Settle or Litigate a Rollover Accident Case?
A Fort Lauderdale car accident attorney plays a crucial role in managing the steps needed to settle or litigate a vehicle rollover accident case. Here is how a lawyer can handle these steps effectively:
- Initial Consultation — The lawyer begins by meeting with you to discuss the details of the accident. They will review your medical records, police reports, and any other evidence you have. This helps them understand the scope of your case and the potential for a successful claim.
- Investigation and Evidence Gathering — The lawyer will conduct a thorough investigation to gather additional evidence. This may involve obtaining accident reports, interviewing witnesses, and collecting photos or videos of the scene. They may also consult with experts, such as accident reconstruction specialists, to strengthen your case.
- Medical Records Review — The lawyer will also carefully review your medical records to assess the extent of your injuries and the costs associated with your treatment. This includes evaluating future medical needs and how your injuries have affected your life.
- Negotiating with Insurance Companies — Your lawyer will handle negotiations with the insurance companies involved. They will present your case and argue for fair compensation based on your medical expenses, lost income, and pain and suffering. They aim to secure a settlement offer that adequately covers your damages.
- Filing a Lawsuit — If a satisfactory settlement cannot be reached, the lawyer will prepare and file a lawsuit. This involves drafting legal documents, such as the complaint, which outlines your claims and the damages you seek. They ensure that all paperwork is filed correctly and within the required statute of limitations time frame.
- Managing Discovery — During the discovery phase, your lawyer will gather and exchange evidence with the opposing party. This may involve depositions, whereby witnesses provide sworn testimony. Your lawyer will prepare you for any depositions you may need to give and will review the opposing party’s evidence to build a stronger case.
- Pretrial Motions — The lawyers may file pretrial motions to address any issues before the trial begins. This can include motions to exclude certain evidence or to resolve legal questions that can affect the case outcome.
- Representing You in Court — If the case goes to trial, your lawyer will represent you in court. They will present evidence, question witnesses, and make legal arguments to support your claim. Their goal is to convince the judge or jury to rule in your favor.
- Handling Appeals — If the trial doesn’t go as planned, your lawyer can help with appeals. They will review the trial proceedings and determine if there are grounds to challenge the decision.
A Fort Lauderdale car accident attorney manages these steps to ensure that your case is handled efficiently and that you receive the compensation you deserve for your losses.
Speak with an Experienced Rollover Accident Lawyer Today
If you recently sustained injuries in a rollover accident that a negligent driver caused, you should consult with a skilled motor vehicle accident attorney right away. Your Fort Lauderdale car accident attorney can immediately investigate the circumstances surrounding your accident and pursue the compensation you need for your injuries.