Rollover accidents are among the most violent types of crashes that occur. If you were injured in one, a San Jose car accident lawyer can help you seek damages.
The lawyers at Omega Law Group Accident & Injury Attorneys have decades of combined legal experience. If you were the victim of a rollover crash, a rollover accident lawyer in San Jose from our team can help you file a claim and pursue a fair settlement.
Why Do I Need a San Jose Rollover Accident Lawyer?
A San Jose rollover accident lawyer can make a significant difference in the outcome of your case. They can:
- Investigate the crash: A lawyer can analyze police reports, scene evidence, vehicle damage, and crash dynamics to determine exactly how and why the rollover occurred.
- Preserve critical evidence: An attorney can secure vehicle data, photographs, surveillance footage, and black box information before it is lost or destroyed.
- Handle insurance companies: A lawyer can manage all communications with adjusters and work to negotiate a fair payout.
- Prepare your case for trial: If necessary, an attorney can prepare you for trial and provide representation.
What Types of Compensation Are Available After a Rollover Accident?
Compensation for a rollover accident typically reflects both immediate and long-term losses, such as:
- Medical expenses: You can recover compensation for emergency treatment, hospital stays, surgery, rehabilitation, medication, and future medical care.
- Lost income: You can seek compensation for wages you would’ve earned during your recovery and for reduced earning capacity if you cannot return to the same type of work.
- Pain and suffering: You can pursue damages for physical pain, emotional distress, trauma, and reduced quality of life.
- Wrongful death damages: Surviving family members may recover funeral expenses, loss of financial support, and loss of companionship after a fatal rollover.
A San Jose personal injury lawyer can help make sure none of your losses are left out of your claim.
Who Is Liable for a Rollover Accident?
Liability in a rollover accident depends on how and why the vehicle overturned. In some cases, more than one party may share responsibility. Potentially liable parties include:
- Another driver: A negligent driver may be liable if they forced a sudden maneuver, caused a collision, or ran you off the road.
- Government entities: A city or state agency may be responsible if poor road design, lack of maintenance, or dangerous conditions contributed to the rollover.
- Vehicle manufacturers: Automakers may be liable if a design or manufacturing defect worsened the crash or your injuries.
A rollover accident attorney in San Jose can investigate your crash and gather evidence to determine liability.
How Long Do You Have to File a Rollover Accident Claim in California?
California law places strict time limits on personal injury claims. According to CCP § 335.1, you typically have two years from the date of a car crash to file a lawsuit. If a government entity is involved, shorter deadlines may apply.
Missing the applicable deadline can permanently bar you from recovering compensation, regardless of how strong your case may be, which is why it’s important to get a lawyer after a car accident.
Common Causes of Rollover Accidents in San Jose
Rollover crashes rarely have a single cause. Multiple factors are often at play, such as:
- Excessive speed: Driving too fast, especially around curves or during sudden lane changes, significantly increases the risk of a rollover.
- Vehicle design issues: Taller vehicles with narrow track widths are more prone to tipping, particularly if they lack adequate stability control systems.
- Road hazards: Uneven pavement, potholes, debris, or poorly maintained shoulders can trigger a rollover when a tire catches or loses traction.
- Driver negligence: Distracted driving, aggressive maneuvers, impaired driving, or fatigue can all lead to loss of control.
- Multi-vehicle collisions: Side-impact crashes or being forced off the roadway by another driver can easily cause a vehicle to flip.
Common Injuries in Rollover Crashes
Rollover accidents are notorious for causing severe injuries, such as:
- Traumatic brain injuries: Even with airbags and seatbelts, occupants may suffer concussions or even more severe brain injuries from head impacts.
- Spinal cord injuries: Damage to the neck or back can result in partial or total paralysis.
- Crush injuries: Roof collapse can compress the spine and chest, causing life-threatening trauma.
- Broken bones: Arms, legs, ribs, and facial bones are often fractured in rollovers.
- Internal injuries: Damage to organs such as the liver, lungs, or spleen can be fatal if untreated.
Steps to Take After a Rollover Accident
Your actions after a rollover accident can directly affect both your health and your ability to recover compensation. You should:
- Call law enforcement: A police report creates an official record that may be critical to determining fault later.
- Document the scene: If you are able, take photos or videos of the vehicle damage, road conditions, and any visible injuries.
- Seek medical care: Even if you feel stable, visit a physician to document your condition and rule out internal injuries.
- Limit insurance communications: Avoid giving recorded statements or detailed explanations until you speak to an attorney.
- Talk to a lawyer: Get in touch with a lawyer as soon as you can to discuss next steps.
Get Help from a Rollover Accident Attorney in San Jose
Rollover accidents require an in-depth investigation. If you were the victim of one, a San Jose rollover accident attorney from Omega Law Group can analyze the crash, collect evidence to strengthen your claim, and pursue the compensation you are entitled to.
Schedule a free consultation to find out how you can get paid for your accident.