Virginia Rollover Car Accident Attorneys
Did you get hurt in a rollover car accident in Virginia? Was your crash caused by a reckless driver or a dangerous road condition, such as a pothole or loose gravel? If so, contact CHASENBOSCOLO, and we’ll start working on recovering the compensation you deserve.
Rollover accidents are extremely dangerous and have a much higher fatality rate than other types of car accidents, according to the National Highway Traffic Safety Administration (NHTSA). Vehicles with a high center of gravity are more susceptible to rollover crashes; however, any truck, car, or SUV can roll over if the circumstances are right. This type of accident often results in severe physical and emotional harm.
Our Virginia rollover car accident lawyers use aggressive tactics to win the settlement you need to pay for your expenses. We understand how a rollover crash can upend anyone’s life. It puts a financial burden on injured victims and their families. You need someone to help you get through the pain and suffering. You can depend on us to be by your side throughout the entire legal process.
Call the award-winning attorneys at CHASENBOSCOLO today at (703) 538-1138 if you got hurt in a rollover car accident and need legal representation from a reputable law firm in Virginia.
What Causes Rollover Car Accidents?
The National Highway Traffic Safety Administration states that rollover crashes are one of the deadliest types of accidents in the United States. Approximately one-third of all traffic-related fatalities happen every year due to a vehicle that rolls over.
Most cars roll over because of an event known as tripping. When a vehicle trips, it hits a pothole, loose gravel, curb, guardrail, or other object, which causes the tires to lift off the ground. This ends up disrupting the car’s forward motion, resulting in a sideways or forward roll. A majority of vehicles trip because another car crashes into it.
The reasons one car might collide with another and cause a rollover accident include the following:
- Speeding excessively
- Alcohol or drug impairment
- Reckless driving, such as weaving in and out of traffic or tailgating
- Merging without checking blind spots
- Failure to stop or slow down at an intersection
- Taking a turn too fast
- Texting while driving or another form of distraction
When another driver’s actions lead to a rollover crash, and you sustain an injury, you can file an insurance claim for compensation of your damages. You deserve to seek justice and hold the negligent party responsible for their behavior that led to the accident.
Rollover Accidents Lead to Fatal Injuries
Ejection injuries are common in rollover accidents. If someone isn’t wearing their seatbelt, the impact of the crash is enough to launch them out of their seat and through the window. As the car is rolling over, they could become trapped in the sunroof and get crushed. There are many ways this type of accident can cause a fatal injury.
Injuries that are common in a rollover accident include:
- Traumatic brain injury
- Spinal cord injury
- Loss of limb
- Broken bones
- Neck injury
You must always wear your seatbelt when you get into any vehicle. Although rollover accidents don’t happen as much as other types of accidents, they can be deadlier. Practicing safe driving methods could help you avoid a dangerous situation on the road. Every time you get behind the wheel, you should buckle up, put down your cell phone, and pay attention to your surroundings. Your attention and focus could end up saving your life.
How Do I Collect Compensation from the Other Driver?
Virginia follows a fault system, which means the person who caused the car accident is automatically financially responsible for injuries and losses the victim suffers. However, they don’t pay directly for your treatment, car repairs, and other damages. Their liability insurance company pays a settlement based on the coverage listed on the policy and your total damages.
The damages available in an insurance claim include:
- Medical bills
- Vehicle repairs
- Lost wages
- Loss of future earning capacity
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
Virginia law requires all drivers to carry liability auto insurance with minimum bodily injury and property damage limits. Those limits cover the injured party’s medical bills and other expenses. The person who caused your rollover car accident should provide you with their liability insurance information at the scene of the crash so you can file a claim for compensation.
If you can prove the other motorist caused the collision, you can file a claim with their insurance company. Sufficient evidence you can submit includes:
- Police reports
- Eyewitness statements
- Photos of the accident scene
- Video footage
- Vehicle damage reports
After you file a claim along with the evidence, the insurance adjuster will review everything to determine if they agree with your account of the accident. If they approve your claim, they will provide a settlement offer. The offer will depend on various factors, such as:
- Your total damages
- The liability coverage available
- Type and severity of your injury
- Length required to recover
- If a disability resulted from the injury
- Lost wages after the accident
- Availability of evidence proving fault
- Your medical records and medical bills
What If the Driver Doesn’t Have Insurance?
Despite laws requiring auto insurance, some drivers will let their policies lapse or won’t purchase one to begin with. If you discover the driver who caused your rollover accident doesn’t hold liability insurance, you can file a claim with your insurance company.
There are two coverage options available for Virginia drivers: UM and PIP.
Uninsured/underinsured motorist coverage is a type of insurance Virginia law requires all vehicle owners and operators to carry. UM provides reimbursement of damages to injured individuals when the at-fault driver doesn’t carry insurance, or their coverage isn’t high enough.
You can use UM to compensate you for your damages, such as:
- Medical expenses
- Lost wages
- Loss of future income
- Pain and suffering
Personal injury protection is an optional coverage offered by all auto insurance companies. If you chose to add this to your policy, you could file a PIP claim for additional compensation of medical expenses and lost wages. Any injured party can apply for PIP regardless of who caused the accident. When you attend doctor appointments, provide your PIP insurance information, and they will submit all your bills directly to your auto insurance for payment.
How to Sue for Punitive Damages
Punitive damages are not compensation for victims of rollover crashes. They’re a punishment against the at-fault driver and aims to deter similar reckless behavior in the future. To qualify for punitive damages, you must show that the defendant acted wantonly or with deliberate malice in disregarding another person’s safety or care. This is a form of negligence and includes five elements:
- Duty: The defendant owed the plaintiff a reasonable duty of care to act in a way that would prevent an injury;
- Breach: The defendant breached their duty;
- Cause in fact: The defendant’s action or inaction was the direct cause of the plaintiff’s injury;
- Proximate cause: The defendant should have foreseen the risk of their actions and that it would result in a dangerous situation; and
- Damages: The plaintiff suffered an injury and damages.
A lawsuit is confusing to navigate, so you should enlist the help of one of the Virginia rollover car accident lawyers from CHASENBOSCOLO. We will take care of each step and ensure we meet all required deadlines. In Virginia, there’s a statute of limitations for pursuing legal action within the civil court system.
The statute of limitations to sue the at-fault driver after a rollover accident is two years. That means you have two years from the car crash date to pursue a lawsuit for compensation of damages.
When you hire us, we’ll file the lawsuit on your behalf, gather all the evidence we can find, and argue your case in front of a judge and jury. You can depend on us to fight aggressively for justice against the negligent driver. We know how hard this situation has been, and we will work hard to get you the financial award you deserve.
Why Choose CHASENBOSCOLO
Our Virginia rollover car accident lawyers have been helping injured victims like you for over 30 years. We care about the people we work with and always treat our clients with respect and compassion. We believe in fighting for justice and pursuing the maximum settlement available in a case. When you hire us, we will treat you like family and put your needs first.
Don’t worry about the cost of seeking legal representation. At CHASENBOSCOLO, we take all cases on contingency. That means we don’t get paid unless you get paid. We won’t expect any legal fees until we recover compensation from an insurance claim or lawsuit.
Our team of Virginia car accident lawyers is available 24/7 to answer your call. If you want to schedule a free consultation, we’ll be happy to meet with you and discuss your case. You’ll receive free legal advice from an experienced and knowledgeable attorney. You have no obligation to hire our firm if you choose to shop around and meet with other lawyers.
We understand the pain you’re in and how much you want to put this traumatic situation behind you. We’ll help you recover from your injury and ensure the insurance company pays you the compensation you need to cover your damages. Call us at (703) 538-1138 if you were the victim of a rollover crash in Virginia and need help with your case.