Vehicle rollovers are the deadliest form of car accidents. Only a small percentage of all car accidents are vehicle rollovers, but they still account for one-third of all car accident deaths. Aside from fatalities, people who are involved in vehicle rollovers can experience serious, long-term injuries. Those injuries can result in being unable to work for an extended period of time, in addition to medical expenses, pain, and suffering. If you or a loved one have been involved in a vehicle rollover, you have legal recourse.
What Can I Do?
If you have been injured in a vehicle rollover accident, you may be able to file a lawsuit. This depends on a few factors. First, you must consider whether you were at fault. If you were driving safely and another person caused the collision, you can likely file a lawsuit. If you were a passenger in a vehicle driven by the at-fault driver, you may also be able to file a lawsuit. However, if you caused the accident, it may not be possible to file a lawsuit.
Why File a Lawsuit?
Filing a lawsuit provides you with a legal remedy. If another person caused the accident that resulted in a death or injuries, they may be responsible for compensating you for loss of life, injuries, medical expenses, burial costs, lost income, and pain and suffering. While the law cannot undo your injuries, it can ease the financial strain caused by a vehicle rollover accident.
Types of Lawsuits
Depending on the circumstances of the crash, there are a few types of legal claims that might apply.
Negligence
In the majority of vehicle rollover accidents, the at-fault driver has acted with negligence. This can mean that they didn’t exercise care in any one of a variety of ways, including the following:
- Failing to yield the right of way;
- Using a mobile phone while driving;
- Driving under the influence of drugs or alcohol;
- Driving while fatigued; or
- Driving at excessive speed.
In order to prove negligence, the following factors must be present:
- A duty existed;
- The person at fault owed a duty to you;
- That duty was breached;
- You were injured or damaged; and
- The injury or damages were caused by the defendant’s breach of duty.
Every driver is legally obligated to exercise reasonable care and caution while operating a motor vehicle. If the at-fault driver failed to do so and their failure led to the crash that caused your injuries, they can be held liable.
Wrongful Death
As previously noted, vehicle rollovers can be serious or fatal. When a person is killed in an automobile accident, their spouse, children, or other family member can file a lawsuit against the at-fault driver. The law provides for a legal remedy for medical expenses, funeral and burial costs, loss of income or financial support that would’ve been provided by the deceased person, and loss of companionship.
Product Liability
In some cases, a vehicle rollover crash may be caused by a defect in the vehicle itself rather than by the actions of a driver. When that happens, the vehicle manufacturer or repair company could be held liable for the accident and your injuries.
Types of Damages
Compensatory damages are intended to compensate you for your losses – injuries, medical expenses, burial costs, lost income, and pain and suffering. You may also be entitled to punitive damages. Punitive damages are intended to punish the defendant and are only awarded in cases where the defendant has acted with reckless disregard for the safety of others, such as driving under the influence of drugs or alcohol.
What to Do if You Are Injured
If you are injured in a vehicle rollover crash due to another driver’s negligence, then you are entitled by law to compensation. You should contact Illinois personal injury attorneys Cullotta Bravo Law Group right away. Cullotta Bravo Law Group has over 30 years of experience and has gotten millions of dollars in settlements for their clients. You need an attorney to protect your rights. Contact Cullotta Bravo Law Group at 630-898-7800 or online at Cullotta Bravo Law Group right away.