Rollover car accidents, where a vehicle flips over onto its side or its roof, can cause serious, life-changing personal injuries and deaths. When rollover accidents happen at high speeds on a highway, the result can be a multi-car collision with severe injuries and fatalities.
If you or a loved one has been injured or someone has been killed in a rollover crash due to someone else’s negligence, you may be entitled to compensation for your losses through insurance coverage or a personal injury or wrongful death lawsuit. However, Florida laws are complicated, and insurance companies are out for profit and often pressure you to accept a lowball offer. To increase the chances of getting the settlement you deserve, it makes sense to get legal advice and assistance.
A West Palm Beach rollover accident lawyer at Chalik & Chalik Injury Lawyers is available to help. We provide a free consultation to discuss the circumstances of your accident and show you how we can help. Call Chalik & Chalik Injury Lawyers at (561) 899-5020 for your free, no-obligation, case evaluation today.
Why Rollover Accidents Happen
To win your case, you and your attorney will have to prove that someone else was at fault or was negligent and that this negligence caused the accident and your injuries. Understanding why rollover accidents happen will help point to who the at-fault parties may be. Reasons may include:
- Driver mistakes. Drivers may be distracted, impaired by alcohol or drugs, fatigued, or driving recklessly and not obeying the rules of the road. A collision with a dangerous driver may lead to a rollover accident.
- Defective design. In the past, SUVs, vans, and trucks were much more likely to roll over than cars. Advances have been made, but certain models and older vehicles may still have design flaws that make them more prone to rollover.
- Defective vehicle or parts. There may be manufacturing defects for the vehicle itself or its parts, such as tires that explode or brakes that fail.
- Dangerous roadway conditions. Potholes that have not been repaired, broken traffic signals, or debris or equipment left by a maintenance company or municipality can lead to a rollover. Obstructions in the roadway can also cause a vehicle to roll over.
Any or all of the parties that may have contributed to the accident may be held liable for your injuries. Depending on the situation, you may be able to file a defective product, premises liability, personal injury, or wrongful death lawsuit.
A West Palm Beach rollover accident lawyer at Chalik & Chalik Injury Lawyers knows how to examine evidence and police reports, interview witnesses, and get experts to reconstruct what happened to determine what parties may be at fault. Do not let evidence get away. Call us today at (561) 899-5020 to get started.
Florida Insurance Laws
Florida is a “no-fault” state for insurance for vehicle accidents, so a rollover injury claim should first be filed with your own personal injury protection (PIP) policy or, if you were a passenger, the driver’s PIP policy. However, if injuries are severe enough to go beyond no-fault, you may pursue a claim against the insurance of the at-fault party, and if this is not sufficient to cover your losses, you may file a lawsuit.
According to Florida Statute § 627.737, you may go beyond no-fault if your injuries include:
(a) “Significant and permanent loss of an important bodily function
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
(c) Significant and permanent scarring or disfigurement
Proving Liability for Your Accident
If your injuries are severe enough for you to step outside the no-fault system and the other party’s insurance coverage is not adequate, you may be able to file a personal injury or wrongful death lawsuit after a rollover accident. A wrongful death lawsuit is similar to a personal injury case that is filed on behalf of the family or estate of the deceased.
The plaintiff in these cases has the burden of proof, so your attorney would need to prove that another party, the defendant, was at fault or negligent for causing you harm.
Under Chapter 768 of the Florida Statutes, you would have to show that:
- The defendant owed you a duty of care.
- The defendant breached that duty of care.
- This breach caused your injury.
- You suffered damages as a result.
Compensation You May Be Entitled To
In a successful Florida personal injury lawsuit, you may receive compensation for both economic and noneconomic damages.
Compensatory damages include:
- Economic damages for losses that have a monetary value, such as your medical bills, property damage, and lost wages and earnings.
- Noneconomic damages for non-monetary losses, such as pain, suffering, mental anguish, and inconvenience.
It is important to be aware that Florida has a statute of limitations for filing a personal injury lawsuit. According to Florida Statute § 95.11, you must file within two years from the date your injuries occurred or the courts are likely to refuse to hear your case. Contact a West Palm Beach rollover accident lawyer as soon as possible to allow time to investigate and prepare your case.
Get Help from Our West Palm Beach Rollover Accident Lawyers Now
Whether you are trying to get compensation from insurance companies or filing a lawsuit, our firm can help. We know Florida laws and the tactics insurance companies use. We can investigate your case, take care of all legal matters and filings, negotiate with insurance companies, and take your case to court, if necessary, to get you the best settlement possible.
We take a personal interest in all our clients, and you pay nothing until we win a settlement for you. Call a member of our team at Chalik & Chalik Injury Lawyers today for your free consultation at (561) 899-5020.