Any crash in which a vehicle tips onto its side or roof is considered a rollover accident, according to the Insurance Institute for Highway Safety (IIHS). This type of accident can be incredibly damaging, especially if you have to be removed from the vehicle by first responders.
If you were hurt in a rollover accident, it is important that you determine whether you are entitled to compensation from the person who caused the accident. This financial support can help you cover the major expenses that you may now facing as a result of the crash.
Working with a Hempstead rollover accident lawyer is one way to make sure you get the fair treatment you deserve after the accident. It can be hard to know whether you are taking the right steps, especially if an insurance company isn’t cooperating or the party who caused the crash is avoiding responsibility.
Find out how a lawyer will fight for your rights by calling Friedman & Simon, L.L.P. now at (516) 932-0400 and discussing your case with a member of our dedicated team of legal professionals
Compensation for a Rollover Accident Victim
One of the first questions you probably have regarding your rollover accident is the type of compensation you can recover in a pre-litigation claim or lawsuit. Many different types of expenses can become part of your financial recovery:
- Medical bills
- Physical therapy or rehab
- Future estimated medical care costs
- Lost wages
- Reduced earning capacity
- Reduced quality of life
- Pain and suffering
If you lost a loved one in a rollover accident, we extend to you our heartfelt condolences. You could bring a wrongful death lawsuit to recover compensation for the loss and resulting damages. We consider it a special privilege to represent the surviving family members of car accident wrongful death victims. We are determined to winning the compensation you need and the justice your departed loved one deserves. A lawyer from our firm can give you more information about this type of case and what you may qualify to recover.
Proving Your Right to Damages
If you decide to pursue compensation, it is important to understand what you will be asked to prove in your case. A rollover collision case falls under personal injury law, meaning you will be required to prove four elements:
- Duty – You must show that the other driver owed you a duty to drive with reasonable care and skill.
- Breach – You must show that the other driver failed to drive according to this duty.
- Causation – You must show that the other driver’s failure to drive according to their duty was the cause of your injuries.
- Damages – You must provide evidence to support the amount of compensation that you are requesting from the other driver.
These elements may seem straightforward, but many legal disputes can arise while trying to prove them. The other driver may argue that they were not driving negligently at the time of the crash, for example, or that some other factor was the major cause of your injuries. One of the greatest challenges in the process is the nature of the process itself. Claims and lawsuits are adversarial undertakings. As we try to win the best possible outcome for our clients, insurance carriers and defense lawyers are working to pay nothing or as little as possible. Every case is a fight.
Evidence in a Rollover Accident Case
Getting the compensation you deserve will require a considerable amount of evidence. We may also need to work with expert witnesses, including medical experts, vocational rehabilitation specialists, life care planners, and economists, to calculate the cost of your injuries and damages.
Our team will conduct a thorough investigation into your claim to gather as much relevant evidence as possible on your behalf. Examples of evidence that may help prove your case include:
- Police reports
- Eyewitness testimony
- Videos or photographs of the scene
- Inspections of the vehicles involved in the accident
- Consults with expert witnesses
- Testimony from the other driver
- Data about common causes of rollover accidents
- Your recollection about what happened
Keep good records of all of your expenses, even if you are not sure that it is something you can recover in the lawsuit. It is good to have more information than no information about your damages. Invoices, receipts andexplanations of benefitsare a few examples of records of expenses.
A free consultation is available if you call Friedman & Simon, L.L.P. now at (516) 932-0400. Let a Hempstead rollover accident lawyer from our team assist you during this stressful time so you can spend your energy recovering and getting back on your feet.
Why Rollover Accidents Happen
Understanding some of the common causes of rollover accidents can help you put the pieces together and figure out what happened. A few examples include:
- A driver losing control of the vehicle
- Aggressive or reckless driving
- Risky driving maneuvers
- Unsafe merging
- Intoxicated driving
- Unsafe driving during inclement weather
In many cases, collisions occur due to distracted driving. This is becoming one of the biggest dangers on the road today. It includes any activity that takes a driver’s attention off the road, like talking on the phone, texting, using an electronic device in any way, (shockingly and sometimes tragically, some people are even communicating on social media or watching streaming content as they drive!,) eating, or talking to (or arguing with,) passengers.
When Other Entities May Be Liable
In some situations, unsafe road design or a road hazard may have caused your rollover accident. Your lawyer can help you determine whether you should bring a claim against a driver or the municipality responsible for designing the roadway. This can become a more complex claim, because special rules apply when you seek compensation from the government.
Call Now for a Free Consultation
Rollover accidents can leave you rattled, in severe pain, and facing potentially life-altering injuries. The medical bills and inability to work can cause further burdens that you should not have to cope with on your own.
You do not need to figure out your legal rights by yourself, which may create more headaches than necessary. A Hempstead rollover accident lawyer can help you fight for the fair outcome that you deserve. For a free consultation, call Friedman & Simon, L.L.P. now at (516) 932-0400.