How to Dispute Fault in a Rollover Accident Scenario

Rollover accidents are some of the most serious accidents on the road and can cause serious injury and damage to the vehicles involved. A rollover happens most often when a driver has lost control of his/her vehicle causing other vehicles to use avoidance tactics which could result in a rollover if they have to turn quickly or avoid an object that is in their way. If you have been involved in a rollover accident and you know it wasn’t your fault, you should be able to file a personal injury claim to cover the cost of your medical treatment and the damage to your vehicle.

Disputing Fault in Rollover Accident

When it comes to filing a claim for a rollover accident the person who is most likely to dispute the claim will be the at-fault driver’s insurer. Insurers do not want to pay out any money unless forced to do so. Before you proceed with the claim you should check your state’s laws regarding fault in an accident as these do vary depending on the state. There are three different rules that may apply to your situation as follows:

  • Contributory negligence is only used by a few states these days and it is when a person admits some fault for the rollover accident and so cannot recover any compensation at all from the at-fault driver.
  • Pure comparative negligence is when a victim injured in a rollover may recover compensation from the at-fault party, but the payment received will be reduced by the percentage that is equal to his/her share of the fault.
  • Modified comparative negligence is when an injured victim in a rollover can receive PI compensation from the at-fault party as long as the injured victim fault is less than 50%.

What you should never do is admit that you may in any way be partly to blame for the rollover but your case should be focused on the at-fault driver being fully responsible for the accident.

Proving Negligence of the Other Driver

To prove that you were not to blame for the rollover you should include as much of the evidence below that you are able to do with your PI claim:

  • surveillance camera footage, if available of the rollover;
  • photos evidence showing the rollover accident scene;
  • eye witnesses written reports of the rollover accident and their contact details;
  • cell phone records indicating that the rollover was caused by distracted driver by the at-fault driver.
  • a copy of the written police report composed at the scene of the rollover which shows the at-fault driver is fully to blame;

How to Dispute Fault in a Rollover Accident Scenario

Get a Free Evaluation

If you were in a rollover accident and you were not at fault, get a free evaluation today. A PI lawyer can help to keep your claim out of court by filing it on your behalf with the at-fault driver’s insurer. You can expect to receive a more favorable settlement if you ask an attorney for help.

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