The person responsible in a rollover accident depends on who acted negligently and caused the accident. For instance, if a motorist drove drunk and hit another driver, the drunk-driving motorist would likely be responsible. However, a driver’s employer or another entity could be responsible in other rollover accident cases.
If you or a family member has a rollover accident case, Domingo Garcia can determine who’s responsible for the accident and your damages. Our injury law firm will hold the liable party to account so that you can recover those damages from them.
Determining Who Is Responsible in a Rollover Accident Case
You deserve justice and all your due damages. You also deserve a sense of closure, considering how serious the incident was and how severe your injuries may be.
You may believe the other driver in your case is responsible for the accident and your damages, and you could be right. However, if the driver is a company employee, like the employee of a rideshare company or a trucking company, that company could be responsible. Alternatively, if a government agency or another entity made a serious mistake, they could be responsible.
Generally, in any kind of case, the responsible party is the one that acted negligently in a way that caused the accident. However, if more than one party acted negligently, each could share responsibility.
How do You Establish Who’s Responsible in a Rollover Accident Case?
A rollover accident survivor may find it difficult to establish who’s responsible in a rollover accident. To do this, they would have to collect evidence of a party’s responsibility and then convince that party’s insurance company (or a judge, if they sue the party) that the party was negligent. If multiple parties contributed to the accident, the accident survivor would have even more work to do.
You don’t have to do any of that work in your case. A rollover accident attorney from our firm can do everything for you and will do it properly.
Collecting Evidence in Your Case
To do this, your lawyer will seek out sources of evidence, such as the authorities, any witnesses, and more. From these sources, they will collect such evidence as:
- The police report
- Witness statements
- Traffic camera footage of the accident
- Vehicle event data recorder information f
- Rideshare company app data relevant to the case
- Truck maintenance logs
- Recent road repair documentation
Your attorney can also talk to a rollover accident reconstructionist who can provide invaluable court testimony if necessary.
Convincing the Insurer or Court that Negligence Occurred in Your Case
This can be the most difficult task in a legal case. Your lawyer will have to:
- Show the other party was responsible for your safety in some way, such as by driving sober
- Show the party violated their responsibility, such as by driving drunk
- Show how the violation eventually led to the rollover accident, such as by causing a lapse in judgment
- Show how the incident led to your damages, such as a traumatic brain injury, a skull fracture, a neck injury, a spinal compression, and/or whiplash
Your lawyer can threaten to sue the insurer or simply sue the other party if the insurer is too stubborn and unfair.
How do You Recover Damages in a Rollover Accident Case?
While your lawyer establishes liability in your case, they will also identify your damages. You may have many serious damages, including monetary damages and intangible damages (physical, mental, and emotional damages), that you could recover.
An attorney can also assign financial values to your intangible damages so that you can add them to your settlement request. Once they do this, they can determine how much compensation to seek and negotiate a fair settlement/verdict. If negotiations with the insurer do not work out, your lawyer could pursue legal action against the liable party.
What Damages Can I Recover in My Rollover Accident Case?
Your lawyer may be able to recover all your damages, including intangible ones, such as:
- Expenses for medical services and products, such as healthcare, therapies, medicine, and medical devices
- Expenses for property, such as your damaged or destroyed vehicle
- Lost employment income and benefits
- Loss in your ability to bring in an income
- Loss in your physical abilities
- Compromised physical appearance
- Suffering and pain
- Anguish that’s mental or even emotional
- Loss in your ability to enjoy life anymore
Damages in a Wrongful Death Case
Your family might be able to recover losses from the liable party if you lost a family member in a rollover accident, such as:
- Unpaid expenses for medical services, medical products, and property
- Expenses for a funeral and a burial/cremation
- Lost income and benefits for the family
- Your late family member’s pain and suffering
- Your family’s anguish and emotional distress
- Lost intimacy and love
Learn More About Who Is Responsible in a Rollover Accident in Texas
The person responsible for a rollover accident depends on whose negligence caused it. Our firm can determine who the liable party is in your situation. Then, we will demand that they pay you damages that can help you cover accident-related losses.
With over 35 years of experience in personal injury law, we know exactly how to handle your case. Our attorneys have led many cases and recovered results for them. For example, early in our practice, lead attorney Domingo Garcia obtained $1,100,000 for a victim of a major car accident. During a free consultation, we’ll tell you how one of our attorneys will handle your case. For that consultation, contact Domingo Garcia today.