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Determining Fault After a Rollover Accident

Even if you are a safe driver, there other drivers who drive in an unpredictable manner that can result in a serious life-threatening rollover accident. If you have been involved in a rollover accident and you know you were not the cause of the accident, this does not mean that you will be able to prove which driver was at fault. You must act quickly if you want to get compensation for the rollover accident.

How a Rollover Accident May Occur

Rollover accidents happen regularly due to the fact they are often caused by a distracted driver who loses concentration and drives in an unpredictable way causing a rollover accident to take place. There are many different reasons for losing concentration when behind the wheel of a vehicle which include:

  • the driver falling asleep behind the wheel;
  • the driver is under the influence of drugs or alcohol;
  • the driver holding a conversation on a cell phone or texting;
  • the driver eats and drinks while driving;
  • the driver deliberately drives recklessly;
  • poorly maintained vehicle leading to brake failure.

Damages That Might Occur in a Rollover

In a rollover accident there are a few types of damages that can be included in a PI claim which are:

  • vehicle damage repairs;
  • the full cost of medical treatment for those injured;
  • the car rental cost while yours is being repaired;
  • punitive damages if the rollover was caused deliberately by the at-fault driver;
  • out of pocket expenses such as taxi fares for hospital visits or to go shopping while unable to drive;
  • an amount that covers lost wages caused by the accident;
  • an amount calculated to cover the pain and suffering caused by the rollover;
  • replacing personal property damaged in the rollover accident.

How to React if You Are Involved in a Rollover Accident

As soon as the rollover accident occurs, and if you are injured you should get yourself to an emergency room as soon as possible for treatment. You should try to get as much evidence as you can at the rollover accident site and try to exchange information with any other driver involved. You should not be afraid to call the police as a police report is a crucial bit of evidence in a PI claim.

The best evidence for a PI claim includes:

  • eye-witness reports of the rollover accident;
  • photos taken by you and any other victims of the rollover accident including where the vehicles were positioned and the damage done;
  • photos retrieved, if possible, from traffic monitoring cameras showing the action taking place in the rollover accident;
  • the police report of the accident;
  • your doctor’s medical report with your diagnosis, treatment plan and expected recovery period;
  • receipts for the medical treatment you have received and paid for so far;
  • any unpaid invoices for medical treatment;
  • car repair bill or receipt for repairs.

Determining Fault After a Rollover Accident

Speak With an Attorney

You may think that filing a personal injury claim when you have evidence to prove who caused the rollover means that it will be straightforward getting a favorable settlement. However, insurers do not just pay out without conducting their own investigation. Getting money out of an insurer is never that easy and you have a better chance of winning a successful PI claim if you ask a personal injury attorney to conduct the work on your behalf. An attorney has the right experience for negotiating with at-fault drivers’ insurers and has a higher chance of winning a successful claim for your rollover accident than if you try to negotiate on your own.

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