If you have been injured in a rollover car accident, contact the West Palm Beach accident attorneys of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. to discuss your case.
Rollover crashes are rare, accounting for approximately 2% of all crashes, yet they account for almost 35% of all passenger vehicle fatalities, according to the National Highway Traffic Safety Administration. Vehicles with a high center of gravity are more likely to roll over; however, it could happen to any car under the right circumstances. The effects can be devastating. Victims can suffer from debilitating physical harm and psychological injuries.
If you sustained injuries a rollover car accident, the experienced attorneys at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can help you with all aspects of your insurance claim or lawsuit. We’ll begin working on your case immediately to help you recover the maximum compensation you need to pay for your expenses and cover your losses.
The West Palm Beach rollover accident lawyers from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. will fight for the justice you deserve. We’ll make sure the person responsible is held accountable for their actions. You won’t have to go through this traumatic experience alone. We’ll be by your side every step of the way. Call us at 561.689.8180 to schedule your free consultation.
Why Do Rollover Accidents Occur?
The most common causes of rollover accidents include:
- Speeding or driving too fast for conditions
- Tailgating
- Taking turns too fast
- Merging without checking blind spots
- Weaving in and out of traffic
- Driving under the influence of alcohol or drugs
- Failure to stop or slow down at an intersection
- Distracted driving
The main reason vehicles roll over is because of a tripped event. When a vehicle trips, it impacts an object, which causes the tires to lift off the ground. Objects that can lead to a tripped rollover crash include:
- Traffic cone
- Curb
- Soft soil
- Guardrail
- Road hazard
- Another car
Most rollover accidents are the result of tripping. However, some occur because of an untripped event. They usually occur when someone is traveling at high speed and maneuvers to avoid a collision. Whether your injuries happened after a tripped or untripped event, you can hold the at-fault driver liable for their actions.
Common Injuries Resulting From Rollover Accidents
Ejection injuries often occur when a vehicle rolls over. If someone isn’t wearing their seatbelt, the impact of a crash can launch them from their car. They could suffer severe head trauma from smashing through the windshield or landing on the pavement. They could also sustain crush injuries from getting trapped in their vehicle.
Rollover accidents often result in life-threatening injuries and fatalities. Common injuries include:
- Ejection injuries
- Crush injuries
- Loss of limb
- Traumatic brain injury
- Spinal cord damage
- Internal bleeding
- Broken bones
It’s crucial that you always wear your seatbelt and follow certain safety precautions on the road. Despite your driving abilities, you could encounter a motorist who isn’t paying attention or makes an error that causes a crash. If you’re aware of your surroundings, you might be able to avoid an accident or mitigate the resulting harm.
How to Recover Compensation in an Insurance Claim
There are three types of coverage you can pursue after a car accident. There’s a no-fault system in Florida that requires injured victims to seek a settlement from their auto insurance company first. Even if you caused the crash, you could still file a claim.
State laws require all motorists to carry personal injury protection (PIP) with a minimum limit of $10,000. This coverage compensates parties for their medical expenses and lost wages. When you file a claim, your insurance company will provide upfront payment for up to 80% of medical treatment, so you don’t have to pay out of pocket. You can also cover up to 60% of your lost wages if your injury prevents you from working.
After using your available PIP coverage, you can attempt to recover financial compensation from the at-fault driver if your injury meets the following serious injury threshold:
- Permanent loss of a vital bodily function.
- Permanent injury diagnosed by a medical professional.
- Permanent or significant scarring or disfigurement.
- Death.
There isn’t a legal requirement to purchase liability insurance in Florida. However, if the at-fault driver has coverage on their policy, you can file a liability claim to seek the following damages:
- Medical bills
- Lost wages
- Car repair or replacement
- Pain and suffering
- Out of pocket costs
- Emotional distress
- Lost qualify of life
Many people injured in rollover car accidents can’t cover their total damages with a PIP claim. If you have additional expenses and find out the other motorist doesn’t have liability insurance, you could file a UM claim.
Uninsured/underinsured motorist (UM) is an optional coverage you can purchase on your auto insurance policy. It’s useful when the at-fault party doesn’t hold insurance or their limits aren’t high enough to cover your damages. When you file a UM claim, you can seek compensation for the following:
- Vehicle repair or replacement costs
- Lost wages
- Out of pocket expenses
- Pain and suffering
- Medical bills
Damages, such as medical bills, are easy to calculate. Insurance companies will use billing statements, invoices, and other documents to determine the total value of your expenses. However, things like pain and suffering don’t come with monetary figures. Insurance companies typically use the following factors to come up with a fair number:
- Type of injury and its severity
- Duration of the recovery period
- Impact of the damage on everyday life
- Any resulting disability or impairment
- Total expenses incurred
- Lost wages from the inability to work
- Availability of relevant evidence proving fault
- Limits listed on the insurance policies
- Effect of the accident on relationships with family
- Cost of future medical care required
Pursuing Punitive Damages in a Civil Lawsuit
You have the option of filing a lawsuit against the at-fault driver for punitive damages. Punitive damages aren’t intended to compensate you for your losses. Instead, they aim to punish the person for their careless actions and deter similar future behavior.
To win punitive damages in a lawsuit, you must provide the jury with clear and convincing evidence that the at-fault motorist acted with:
- Intentional misconduct: Exhibiting wrongful actions while knowing it could cause bodily injury or property damage.
- Gross negligence: Acts of recklessness or lack of regard for another person’s safety, rights, or life.
There’s a four-year statute of limitations you must comply with if you want to sue someone after a rollover car accident. That means you have four years from the crash date to pursue legal action for compensation.
A common legal theory used in civil lawsuits is the theory of negligence. Negligence refers to the failure to exercise a reasonable degree of care to reduce the risk of harm to another. There are five elements you must prove existed to prove the other driver was negligent in causing the accident:
- Duty: The at-fault party owed you a duty of reasonable care to prevent harm;
- Breach of duty: They breached their duty;
- Cause in fact: If it wasn’t for their actions, you wouldn’t have suffered injuries;
- Proximate cause: Their actions were the direct cause of your injuries; and
- Damages: You incurred damages.
Lawsuits are complex and time-sensitive. Your West Palm Beach rollover accident lawyer from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can take care of each step of the legal process for you. We have experience litigating cases and fighting for our clients in court. We’ll use aggressive tactics to ensure the at-fault party is held liable for their actions and pays the compensation you deserve.
What If I Can’t Afford to Hire a Lawyer?
One of the main reasons accident victims don’t seek legal representation is because of the cost. They believe they’ll save money by pursuing legal action alone. Unfortunately, most people end up with a denied claim or low settlement amount. Without an experienced attorney by your side, you won’t know your rights or the maximum compensation you deserve.
When you hire Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we’ll take your case on contingency. That means you won’t have to pay upfront fees or costs. We don’t expect payment unless we’re able to recover an insurance settlement or financial award from a lawsuit. If we don’t win your case, you won’t have to pay us.
We also offer an initial consultation at no risk or obligation. We don’t charge prospective clients for our time. If you were the victim of a rollover accident and don’t know your rights or available legal options, we’ll be happy to meet with you to discuss them.
Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Is Ready to Fight for Your Justice
When you hire one of our West Palm Beach car accident lawyers, we’ll remain by your side from start to finish. We’ll provide support and guidance during this challenging time in your life. We know you’re struggling to recover and feel overwhelmed by your legal obligations. You can depend on us to take over your case so you can focus on healing your injuries.
We care about our clients. We’re available 24/7 to take your call and discuss your case. When you hire us, we’ll walk you through your legal options and explain how the legal process works. We’ll maintain open and honest communication at all times.
If you got hurt in a rollover car crash, call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. today at 561.689.8180.
