Rollover accidents rarely occur, but when they do, it is typically because of a defective vehicle or unsafe road. People involved in rollover crashes frequently suffer catastrophic injuries that cause significant economic, physical, and emotional losses. Fortunately, they may be able to recover compensation from the parties responsible for their harm, and it is advisable for them to seek legal counsel regarding their rights. The dedicated Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. are well-versed in what it takes to prove liability for a crash, and if you were hurt in a rollover accident, we can advise you of your options for seeking a good legal result. We frequently represent people in cases arising out of car crashes in Cape Coral and other cities throughout Florida.Causes and Consequences of Rollover Accidents
Rollover crashes happen when vehicles suddenly tip over and land on their roof or side. Most cars have the potential to tip, but rollover accidents are more likely to occur in SUVs. The majority of rollover accidents occur when a vehicle’s tire hits a bump, stone, or another obstacle, which changes the forward motion of the car, causing it to roll. Defective vehicles, unsafely designed roads, inadequately maintained tires, and negligent driving can also bring about rollover crashes. Rollover accidents often cause traumatic brain injuries, spinal cord injuries, fractures, contusions, and hemorrhaging. Many people sustain emotional trauma as well and develop anxiety, depression, and post-traumatic stress disorder.Pursuing Damages After a Rollover Accident Occurs
Rollover accidents are often brought about by a combination of factors. As such, people injured in such crashes frequently can seek damages from multiple parties. For example, if the crash was caused by an unsafe vehicle, they may be able to recover compensation via negligence and product liability claims against the entities that made, sold, or distributed the car that tipped over. Under Florida law, a plaintiff alleging negligence must show that the defendant owed the plaintiff a duty to exercise reasonable care under the circumstances but that the defendant breached the duty and that the breach proximately caused the plaintiff to incur actual damages.
However, proof of negligence is not required to establish strict liability for a defective product. Instead, a plaintiff seeking to hold the manufacturer or seller strictly liable under a product liability claim must prove the product in question suffered from a defect that rendered it unreasonably unsafe. Defects can arise during the design, manufacturing, or marketing process. The plaintiff must also show that the defect caused the plaintiff to suffer losses and that the product was not substantially altered prior to the harmful event. A plaintiff that alleges a rollover crash was caused by a defective product will most likely need to hire an accident reconstructionist or other experts to offer testimony regarding how the vehicle’s defect caused the crash.
Additionally, if the accident occurred on an unsafely maintained or designed road, the injured party may be able to pursue claims against the party responsible for the road, which is typically the local or state government. Government entities often have statutory protection from immunity, and a party seeking to impose liability due to an unsafe road will typically have to prove that the government knew of the defect and failed to remedy it, which ultimately led to the plaintiff’s harm. In some instances, a person will suffer injuries in a rollover accident brought on by the careless or distracted driving of another individual can pursue negligence claims against that person.Meet With a Trusted Attorney in Cape Coral
Rollover accidents can happen in seconds, but their impact can last a lifetime, as they often cause irreparable harm and significant losses. If you or a loved one were hurt in a rollover crash, you could be owed substantial compensation, and you should meet with a lawyer to discuss your possible claims. The trusted attorneys of Lusk, Drasites & Tolisano, P.A. possess the skills and resources needed to help you seek a just outcome, and we will advocate tirelessly on your behalf. We frequently represent people hurt in car crashes in lawsuits in Cape Coral and Fort Myers and Naples, where our offices are located. You can reach us at 800-283-7442 or through our online form to set up a meeting.