Rollover accidents are considered the most dangerous type of car accident. What constitutes a rollover accident is when a vehicle tips over onto its roof or side, which happens more commonly in vehicles with a high center of gravity, such as a pickup truck or an SUV.
The aftermath of these accidents can be overwhelming, which is why it is critical to have an Olive Branch personal injury lawyer from our team at Gatti, Keltner, Bienvenu & Montesi PLC
by your side to help you navigate the process of helping you recover compensation for your losses. It is what we have been doing for car accident victims for more than five decades.
Common Causes of Rollover Accidents
A car accident lawyer in Olive Branch, Mississippi, can help you sort out the cause and liability of your rollover accident, which is also the source of your personal injuries and damages. Our expert attorneys at Gatti, Keltner, Bienvenu & Montesi PLC will investigate your accident to better understand why it happened and know how to best represent you.
Common causes of rollovers can include:
- Vehicle malfunction or defect, which applies to issues with steering, tires, brakes, and more
- Poor road conditions, such as potholes, poor weather conditions, debris, and lack of signs
- Size, shape, and weight of the vehicle, like SUVs, pickups, and box vans with a higher center of gravity
- Speed, which accounts for 40% of all deadly rollover crashes on roads with posted speed limits of 55 miles per hour or more
- Driving under the influence of alcohol or drugs, which is the cause of about 50% of fatal rollovers, when the driver’s blood alcohol concentration (BAC) is over the legal limit of 0.08%
- Distracted driving, including texting or talking on the phone while driving, adjusting controls on the dashboard, eating or drinking, or looking at your GPS
- Overcorrecting the vehicle, often done by distracted drivers turning the steering wheel sharply
- Overloading the vehicle, which happens when a car is carrying too much and raises its center of gravity
- A tire blowout, causing the driver to lose control and roll over – even more so when speeding
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Common Injuries from Rollover Accidents
According to the National Highway Traffic Safety Administration (NHTSA), most rollover accident victims suffer injuries to their lower limbs, upper limbs, abdomen, thorax, neck, and head. Whatever the injury, survivors will be faced with health changes that could last a lifetime.
Catastrophic injuries include:
- Traumatic brain injuries suffered from blunt force trauma to the head inside the vehicle.
- Spinal cord injuries
- Deep cuts and lacerations
- Fractures and broken bones
- Crush injuries to the abdomen or pelvis
- Damages to internal organs
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Filing a Claim: Mississippi’s Statute of Limitations
If you were injured after any kind of traffic accident in Mississippi, including a rollover accident, there are a few state laws that could affect the type of car accident claim you decide to make, including Mississippi’s statute of limitations.
This is a three-year deadline from the date of your accident for filing a car accident injury lawsuit in the state’s civil court system against someone else who caused injury or harm. It is different from the timeline for filing a car insurance claim, which is usually “within a reasonable time” after the accident, or a few days after the accident.
Wrongful Death Claim
The same three-year deadline applies to someone who wants to file a wrongful death claim for a loved one who was killed. The only difference is that the three-year statute starts on the date of the accident victim’s death instead of the accident date.
There is no exception to these deadlines. If a case is filed after the statute of limitations window, the defendant could ask the court to dismiss the case. That’s why it is imperative to hire a car accident attorney to file immediately, build your case, and increase your settlement.
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How an Attorney Can Help Your Rollover Accident Case
Rollover accident lawsuits can be confusing and complicated, which is why an experienced car accident attorney in Olive Branch is absolutely necessary to recover compensation from insurance companies for costs that add up quickly, such as:
- Medical bills and hospitalization
- Lost wages and earnings
- Property damages
- Pain and suffering
We know what rollover accident victims are entitled to in their settlements. Auto accident attorneys can handle your case by:
- Negotiating with the insurance company
- Minimizing your stress
- Fighting for maximum compensation on your behalf
The Mississippi Fault-Based Compensation System
Rollover accident lawyers in Olive Branch are also well-versed in the state’s fault-based compensation system. Fault-based states determine liability according to each party’s degree of fault, and damages are awarded in proportion to each party’s responsibility for the rollover accident.
This is where things get complicated. Someone in a fault state can bring a claim for injuries after a rollover car accident and will recover damages even if they are mostly responsible for the accident – it is a system that almost acts like a partial defense in reducing the damages awarded under the claim.
Who Can Be Sued for Your Olive Branch Rollover Accident
Evidence that we gather will lead to the negligent party at fault and liable for your rollover accident in Olive Branch, which could include:
- Auto dealers or mechanics responsible for a vehicle malfunction or defect to the brakes, steering, or tires
- State or county government because of construction and road conditions at the scene of your accident
- The other driver that may have hit you before you rolled over because of reckless driving, speeding, or intoxication
Regardless of who is sued, to get the most out of your claim, an Olive Branch rollover accident lawyer will be prepared to pursue maximum compensation for your damages through your lawsuit.
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Contact an Olive Branch Rollover Accident Attorney Today
Our team of Olive Branch car accident attorneys at Gatti, Keltner, Bienvenu & Montesi PLC can guide you every step of the way of your rollover car accident claim. Contact us today so that we can guide you in the best direction for your future.