Rollover crashes are more complicated than most other types of car accidents. They are also responsible for an outsized portion of fatalities. While rollover crashes constitute just two percent (2%) of all motor vehicle incidents, thirty-five percent (35%) of traffic deaths come from rollovers. Because of the seriousness and complexity of rollover accidents, injury victims should follow a few simple guidelines to maximize their recovery potential after being involved in a rollover crash.
Get Medical Treatment
Vehicle occupants in rollover crashes are often seriously injured and require immediate medical attention, but even if not, it is important to get examined in order to rule out any injuries. Due to the rush of adrenaline that accompanies being in a crash, symptoms are often ignored or unrealized in the immediate aftermath. You must seek immediate medical attention following the accident. For every type of injury claim, clinical documentation of physical injuries sustained is a must. Follow up treatment is also key to recovery if recommended by medical providers. Accident victims have a legal duty to mitigate, or take efforts to minimize the severity, of damages, and failing to get necessary treatment can be used by insurance lawyers trying to avoid financial and responsibility.
Preserve Evidence
Rollover crashes are often one-car accidents caused by a defect within the vehicle or one of the tires. In order to pursue a products liability case against the manufacturer of the vehicle or one of its component parts, the evidence must be preserved for examination and testing. This could mean negotiating a property damage settlement that allows the injured person possession of the vehicle. If a blowout caused the crash, keep the tire remnants as well as any other tires of the same type that were on the vehicle.
Investigate the Scene
Rollover crashes can be caused by road conditions attributable to inadequate design or maintenance. Having a qualified accident investigator visit the scene to carefully document its condition at the time of the crash is imperative if there is a possibility of a claim for failing to properly maintain or design the roadway.
Gather Data
Accident data is recorded in a number of ways. States and municipalities maintain records that can be examined to ascertain whether an inordinate number of rollover crashes occur at a particular location. If so, this could support a valid claim challenging the engineering of the roadway. Similarly, data is maintained for specific vehicle types. If the vehicle involved in the crash proves to be substantially more likely to have a rollover crash than others in its class, such evidence can support a products liability claim. It is also prudent to determine whether the vehicle involved was equipped with safety equipment available to the manufacturer at the time of production. If the absence of safety equipment contributed to injuries sustained, it could be a key element to consider in evaluating potential legal strategies.
Carefully Document Damages
Accident victims often fail to keep receipts for over the counter medications and appliances used in their recovery. Negligence victims are entitled to a full measure of damages, but they must be proven, so keeping track of receipts is critical. Similarly, keeping a log of miles driven to and from medical appointments is helpful. Writing daily or weekly notes to your car accident attorney documenting physical progress and challenges presented can help preserve memories that fade when litigation protracts over time. (Letters to counsel are protected by attorney-client privilege in a way that a personal diary is not.)
Get Counsel
Following the recommendations on this list will assist in helping maximize recovery, but the single most effective way to protect the rights of anyone involved in a serious car crash is to consult with an experienced and capable attorney. Retaining the services of a qualified injury advocate will put in motion every action on this list, and any others required to protect the rights of an accident victim.
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