Vehicle rollover accidents are often devastating for drivers and passengers inside. The traumatic injuries often caused by these devastating collisions can be life changing. Here, we want to review some of the common causes of rollover accidents, the process of determining liability in a car accident claim, as well as whether or not rollover accident victims can recover compensation from a negligent party.
Rollover accidents in Kentucky can occur in several ways, many of which involve a combination of driver behavior, vehicle design, and road conditions. One of the most common causes of rollover accidents is high-speed driving. When a vehicle is traveling above the posted speed limit or too fast for current roadway conditions, particularly around curves or during sudden maneuvers, the force can cause the vehicle to tip and roll over.
Driver error is another significant factor in rollover accidents. This can include distracted driving, impaired driving due to alcohol or drugs, or aggressive driving behaviors like speeding or tailgating. Even a slight overcorrection of the steering wheel in response to an obstacle or a perceived danger can lead to a rollover, especially if the vehicle’s tires lose contact with the road.
Road conditions also play a critical role. Poorly maintained roads, including those with potholes, uneven surfaces, or debris, can contribute to a vehicle losing control and rolling over. Additionally, weather conditions such as rain, snow, or ice can make roads harder to drive on and increase the likelihood of a rollover, particularly if a driver does not adjust their speed accordingly.
Vehicle defects can cause or contribute to rollover accidents. Defective tires, braking systems, or issues with the vehicle’s stability control can lead to a loss of control. In some cases, the vehicle’s design itself may be inherently unstable, increasing the risk of a rollover even under normal driving conditions.
Determining liability after a rollover accident can be complex, particularly because these accidents often involve multiple contributing factors. To establish liability, it is necessary to carefully investigate the circumstances surrounding the accident.
One of the first steps in determining liability is to examine the driver’s actions leading up to the rollover. If the driver failed to operate their vehicle responsibly, they may be found liable for the accident. In cases where another driver’s actions, such as swerving or cutting off the rollover vehicle, contributed to the accident, that driver may share liability.
Vehicle inspections are also critical in rollover accident investigations. An inspection can reveal whether any mechanical defects or maintenance issues contributed to the accident. If a defect is found, the vehicle manufacturer, a mechanic, or another party responsible for the vehicle’s maintenance could be held liable. Additionally, if the road conditions were a factor, the entity responsible for maintaining the road could be partially liable.
In many rollover accidents, expert analysis is necessary to determine exactly what happened. Accident reconstruction experts can analyze the scene, review the damage to the vehicle, and consider other evidence such as skid marks or debris patterns to reconstruct the events leading to the rollover. This analysis can be crucial in identifying the responsible party or parties.
Because rollover accidents can involve multiple liable parties, from drivers to manufacturers to government entities, it is essential to work with an experienced attorney who can navigate these complexities and build a strong case for compensation.
Victims of rollover accidents in Kentucky may be entitled to compensation if the accident was caused by another party’s negligence.
Medical expenses are generally immediately pressing for rollover accident victims. Compensation can cover the costs of emergency room visits, surgeries, hospital stays, physical therapy, prescription or OTC medications, and any ongoing medical treatments or rehab needed as a result of the accident.
Victims can also seek compensation for lost wages if their injuries prevent them from working. This can include not only the income lost during the recovery period but also compensation for diminished earning capacity if the victim is unable to return to their previous job or work at the same level of income.
Pain and suffering damages are often available to compensate rollover accident victims for the physical pain and psychological/emotional distress caused by the accident. This can include compensation for chronic pain, anxiety, depression, and loss of enjoyment of life.
It is important to act quickly after a rollover accident to protect your right to compensation. In Kentucky, the statute of limitations for filing a personal injury claim is generally one year from the date of the accident. Working with a knowledgeable attorney can help ensure that your claim is filed on time and that you receive the full compensation you are entitled to.
If you have been injured in a rollover accident, contact a lawyer at Meinhart & Manning, PLLC for today.