Frequently Asked Questions
Few car accidents are as frightening, and as damaging, as a rollover accident. These accidents can cause extensive physical and emotional trauma, not to mention place financial burdens on a victim and his or her family that are unmanageable. Regrettably, many rollover accidents that cause innocent people such harm are the fault of other parties, from car manufacturers to municipal agencies and even other drivers. Victims of such rollover accidents may find themselves unsure of where to turn, both for help and the answers they need regarding their legal and financial options. At the Auto Defects, we know how confusing the aftermath of a rollover accident can be, and as such, we have prepared the following list of frequently asked questions regarding rollover accidents and legal options in these situations.
Though we will be frequently adding more FAQs to this section, if you cannot currently find the answer you are seeking or you would like to discuss your situation more in-depth with a lawyer, call today.
Am I guaranteed compensation after a rollover accident?
No. While you may likely win compensation if you have a good case, compensation can never be guaranteed. In fact, if a lawyer guarantees you that you will be awarded compensation, it can be a sign of unprofessionalism. A skilled and qualified lawyer can assess your situation and give you a good idea of whether you will receive compensation from the party who caused your rollover accident.
How do I know who is at fault for my rollover?
Determining on your own who is at fault for your rollover accident can be very difficult, as there are several different parties that could be responsible. In some cases, the auto manufacturer who designed and built your vehicle may be at fault, if a defective design or part causes the vehicle to roll over. In other cases, it may be the municipal agency in charge of maintaining the roadway or a reckless driver who hit you. In order to get a better idea of who is at fault and who you should hold responsible, you should talk with an experienced lawyer about your accident.
Why should I hire a lawyer to help me?
When a person is involved in a rollover accident and another person or party is responsible for causing the accident, that party can be held legally accountable for the damages their actions caused the victim. However, getting the compensation and justice that a victim often needs and is seeking can be difficult without the help of a lawyer who is well-versed in pertinent laws and has handled similar cases before. In fact, with an attorney’s help in a rollover accident lawsuit, a victim may be able to get more compensation than they would have secured alone, not to mention stand a better chance of winning their case in the first place.
How much compensation will I receive if I win my lawsuit?
There is no way to predict with 100% certainty how much compensation you will receive if you win your lawsuit. However, a lawyer who has handled many cases similar to yours and who is familiar with rollover accident claims can help assess your situation and, if you are eligible to file a lawsuit, determine how much compensation you should seek.
Will I need to go to court if I file a lawsuit for my rollover accident?
No. By filing a legal claim against the party that caused your rollover accident to happen, you are not automatically required to go to court. It is possible to settle such lawsuits out of court, which is often the fastest way for a victim to receive compensation. However, it may be necessary to go to court if the party who you filed the claim against does not want to settle or other legal issues arise. An experienced attorney will be able to effectively handle your case inside or outside of a courtroom.
If an air bag in my car does not go off in an accident, who is responsible?
Car companies and manufacturers are responsible for keeping their passengers safe, especially during accidents. When a car is involved in an accident, safety guidelines mandate that airbags deploy correctly. Those who have been involved in car accidents during which one or more airbags did not deploy may be eligible for compensation from the liable car company. If you have been injured in a car accident because the airbags did not go off, you may wish to take legal action to secure the compensation you need to pay for hefty medical bills and vehicle damage.
Who is liable for the road defect that caused my accident?
If you were injured in an accident because of potholes or other road defects, you are not liable for costs incurred. Municipalities are responsible for keeping the roads safe for drivers by performing regular maintenance. Municipalities that allow public roads to fall apart increase the risk of accidents for those who must drive on them. If you have been injured in a rollover accident due to the poor conditions of the road, you may be eligible for compensation from the liable municipality. Those who have been injured may wish to take legal action to secure compensation.
I just had new tires put on my car, and I was in an accident. Is anyone liable?
Those who have been injured in a car accident due to a tire issue soon after having their tires replaced may be able to seek compensation from the company that changed the tires. Sometimes when mechanics replace tires on a vehicle, they make careless mistakes that can result in serious accidents. Seeking legal guidance can better help you understand your options in holding the negligent party responsible.
Why do rollover accidents happen?
Rollover accidents can happen for a number of different reasons. SUVs are especially susceptible to rollover accidents because of their frame design. The higher center of gravity that SUVs have puts drivers and passengers at a greater risk. Rollover accidents can also happen in that event of a tire blowout or vehicular malfunction. If you or a loved one has been involved in a rollover accident, it is possible that something out of your control caused the accident. You may be eligible for compensation from the liable party, speak with an attorney to learn more about your legal options.
If my tires blow out and cause an accident, who can I sue?
Tires are meant to withstand constant wear under various conditions. If your tire blows out and causes an accident, you may not be at fault. If a manufacturing error caused the tire blow out, you may seek compensation from the liable company. In order to better understand your legal rights and who is at fault, it is best to seek the guidance of an experienced lawyer.
Can more than one party be responsible for my rollover accident?
Absolutely. It is possible that your rollover accident is due both to a manufacturing error and another driver’s mistake. In this case, both the manufacturing company and the other driver would be responsible for your accident and injuries. If more than one party is found responsible for an accident, all of the parties involved will be responsible for covering their share of the damage. If you have been injured in a rollover accident, it is best to speak with an experienced lawyer who can help you understand the legal intricacies of your case.
How long will it take to receive a settlement?
Without knowing the particulars of your case—i.e. evidence, the type of accident, the severity of injuries sustained—it is exceedingly difficult to determine exactly how long it may take to reach a settlement for your case. Depending upon the circumstances, it may take a few months to a year or more to reach a settlement for any suit that you bring. To better understand how long it could and likely will take to reach a settlement for you case, it is advisable that you contact a rollover accident lawyer as soon as possible.
Can I sue if my own or a loved one’s seat belt failed during an accident, who may be held liable?
Depending upon the reason the seat belt failed to properly protect you or your loved one during a rollover accident, either the manufacturer of the seat belt or the manufacturer of the vehicle may be held liable for any injury sustained as a result. The injuries that may result from a seat belt defect can devastating, especially in a rollover accident. To better understand who may be held financially liable for a seat belt defect, it is advisable that you consult with an experienced rollover lawyer as soon as possible.
Can I file a suit against an ATV manufacturer after a rollover accident?
If you have been involved in a rollover accident that resulted from your all-terrain vehicle’s (ATV) malfunction or design flaw, you will likely have grounds to pursue financial restitution from the manufacturer. The high center of gravity that is inherent in the design of ATVs, combined with the possibility of sudden acceleration or loss of steering control, make these vehicles prone to rollover accidents. The injuries sustained in an ATV rollover can be particularly severe as operators are highly exposed when using these vehicles.
Who is liable if an 18-wheeler truck has a tire blowout and causes an accident?
Trucking companies are responsible for keeping their trucks in proper working condition. Unfortunately, even well maintained large trucks can experience tire blowouts. Tire blowouts on large 18-wheelers can cause extremely dangerous and unavoidable situations for other drivers. Fortunately, if it can be proved that the tire blowout occurred due to poor maintenance, the trucking company can be held liable for the resulting consequences. An experienced personal injury lawyer can help you understand your legal rights in the event that this occurs.
Can I seek compensation for an accident caused by driver error?
In addition to the payment your insurance should provide you after a collision, you may be able to seek compensation from the liable driver to cover medical expenses and lost wages due to the accident. When drivers are careless and make errors on the road, they put other drivers at an elevated risk of accident. Those drivers who make errors and cause accidents can be held accountable for their actions. A personal injury lawyer can help you seek the compensation you need.
What do I do if the other driver leaves the scene of our collision?
In the unfortunate scenario that the liable driver flees the scene, you may feel like you have no options. However, you should do your best to get the make and model of the car and any other identifying information you can. Then, you can report your accident to the police and they may be able to track whoever hit your car. In the case that you cannot identify the driver of the other car, you can use any Uninsured Motorists’ insurance that you may have. This type of insurance can protect you against uninsured motorists and ensure that you receive payment to offset damages. A personal injury lawyer can speak with you about your options if you have been involved in a hit-and-run accident.
What questions should I ask my lawyer?
Before you decide on what lawyer to hire, it is important for clients to learn a few things about them as well as what to expect during the legal process. Examples of questions that individuals should initially ask a lawyer include:
- Have you handled cases like mine before?
- How will you be in touch with me throughout the process?
- Who else will work on my case in your office?
- What are your rates and when is payment expected?
These questions can help you decide whether that lawyer is right for you. Not all lawyers practice the same way and it’s critical that you know that your lawyer will be a good fit for you.
My rollover accident was caused by a road defect, can I seek compensation?
Municipalities are responsible for keeping their roads safe for drivers. If your rollover accident happened because of a road defect, it may be possible to seek compensation. In addition, there may be something wrong with your car that kept it from reacting properly. If you were involved in a rollover accident and you believe it was due to a road defect, it would be wise to seek legal guidance in order to seek financial restitution.
If my rollover accident injures other drivers, am I responsible?
Determining who is responsible for damages in a rollover accident can be challenging. A lawyer can help you determine which damages you may or not be liable for depending on the cause of your accident. It is important that you and and other individuals involved receive the necessary compensation to pay for medical expenses, particularly if you were not at fault. An experienced lawyer at Auto Defects can walk you through the legal process.