Were you the victim of a rollover accident in St. Louis? Did you sustain injuries that require medical care? If so, you might be eligible for substantial financial compensation from the person who caused the crash. OnderLaw, LLC can help you seek justice and pursue the maximum settlement available in an insurance claim.
Rollover car accidents cause severe trauma and fatalities. It’s one of the most dangerous types of motor vehicle collisions that could happen. Vehicles with a high center of gravity are more likely to roll over than a small car; however, any type of vehicle could roll under the right circumstances.
The St. Louis rollover accident attorneys from OnderLaw, LLC are ready to fight for your rights and hold the at-fault driver liable for their actions. You shouldn’t suffer the consequences of another person’s mistake. Call us at (314) 963-9000 to get help with your rollover car accident case.
Tripped and Untripped Rollover Accidents
According to the National Highway Traffic Safety Administration, rollover accidents cause more fatalities than other types of accidents. There are two main reasons this type of crash occurs: tripped and untripped accidents.
A tripped rollover happens when a vehicle hits loose gravel, pothole, curb, guardrail, or another object, causing the tires to lift off the ground. The forward momentum gets interrupted, leading to a forward or sideways roll. Of all single-vehicle rollover accidents, 95% of them are tripped. Although a car can trip from a stationary object, many are the result of another vehicle crashing into it.
Common reasons one vehicle collides with another and causes a rollover crash include:
- Reckless driving, such as tailgating
- Excessive speeding
- Impaired by drugs or alcohol
- Turning too quickly
- Failing to slow down or stop at an intersection
- Changing lanes without checking for other vehicles
- Distractions, such as texting while driving
Untripped rollover accidents are rare, accounting for around 5% of all rollover crashes. They happen when a driver swerves to avoid hitting something, usually while traveling at an excessive speed. Most of the time, the driver is trying to avoid a high-speed collision with another vehicle.
Severe Injuries Are Common in Rollover Accidents
If someone isn’t wearing their seatbelt when their car rolls over, they will likely suffer ejection injuries. They’re the most common injury in this type of crash. The impact of one car colliding with another car, telephone pole, streetlight, or other object is enough to launch them through the front, side, or rear window. Many people get ejected through the sunroof or become trapped and suffer crush injuries when the car rolls on top of them.
The most common injuries that occur include:
- Traumatic brain injury
- Broken bones
- Loss of limbs
- Neck injury
- Spinal cord injuries
Injured drivers and passengers often end up with a physical impairment or disability that affects the rest of their lives. Many injuries are fatal, especially if the victim doesn’t wear their seatbelt. Permanent injuries that require long-term care lead to expensive medical bills. It’s an emotional, physical, and financial burden no one should experience.
What Should I Do If the Other Driver Caused the Accident?
Missouri is a fault state for car insurance. That means the injured victim of a vehicle accident can automatically file a claim with the at-fault driver’s liability insurance. All drivers are supposed to carry auto insurance with minimum liability limits to cover the injured party’s damages. The maximum settlement you’re entitled to will depend on the limit they chose on their policy.
When you file a liability insurance claim, you can seek compensation for the following damages:
- Medical expenses
- Lost wages
- Lost future earning capacity
- Property damage
- Emotional distress
- Pain and suffering
- Loss of consortium
At OnderLaw, LLC, our St. Louis rollover accident attorneys have experience proving fault after a car crash. If you hire us, we’ll collect sufficient evidence to show the other driver was responsible and should pay for your damages. Examples of evidence we can obtain includes:
- Police reports
- Statements from eyewitnesses
- Video surveillance
- Crash scene photos
- Car repair estimates
- Your medical records and medical bills
- At-fault driver’s chemical test results, cell phone records, and other reports
- Copies of insurance policies
- Testimony from expert witnesses
We can file the claim on your behalf and submit everything we found to the insurance company. We use aggressive tactics to recover the settlement our clients deserve. You can depend on us to fight for your rights and ensure the insurance company treats you fairly. If we’re unable to reach a favorable amount of compensation, we’ll file a lawsuit and take your case to court.
What Should I Do If the Other Driver Doesn’t Have Insurance?
Even though carrying auto insurance is a legal requirement, many drivers don’t. If you discover the other driver doesn’t have liability insurance, there are options for seeking a settlement.
Uninsured/Underinsured Motorist Coverage
UM insurance covers injured victims if the liable driver doesn’t hold liability insurance, or their policy limit isn’t high enough to cover all the damages. It reimburses the injured driver and any passengers. UM compensates damages, such as:
- Medical bills
- Lost wages
- Lost future income
- Pain and suffering
UM does not cover vehicle damage or rental cars. If you opted for collision insurance on your policy, you could use that towards repairing or replacing your vehicle.
Personal Injury Protection
PIP isn’t a legal requirement; however, insurance companies are supposed to offer it to their policyholders. If you have personal injury protection, you can file a claim for your lost wages and medical costs.
PIP is similar to medical insurance. Rather than receive a reimbursement check at the end of your rollover accident case like you would from a liability claim, PIP will provide upfront payments. All you have to do is give your PIP information to your medical providers, and they will submit your bills directly to the insurance company.
Negligence Laws and Punitive Damages
In any lawsuit, there’s a legal theory that determines liability. For most rollover car crashes, the legal theory is negligence. Negligence is the failure of one party to behave in a way a reasonable person would under similar circumstances to avoid causing harm.
If you want to sue the at-fault driver and base your lawsuit on negligence, you’ll have to prove the following five elements:
- Duty: The other driver owed you a reasonable duty of care to act in a way that would prevent injury;
- Breach of duty: They breached their duty;
- Cause in fact: If it wasn’t for their action or inaction, you wouldn’t have sustained an injury;
- Proximate cause: The other driver’s actions were the direct cause of your injury; and
- Damages: You suffered damages as a result of the rollover accident.
Besides damages, such as medical bills and emotional distress, you could also seek punitive damages. Rather than receive reimbursement for the expenses you incurred and suffering you had to endure, you can recover compensation for punitive damages from the at-fault driver as a punishment for their negligence. The amount you receive will depend on the jury and how much they believe is fair.
To file a lawsuit in a rollover accident case, you must follow the state’s statute of limitations. A statute of limitations is the deadline for pursuing civil action. In Missouri, the statute for a car accident is five years. That means you have five years from the crash date to sue the other driver for compensation of your damages.
Pure Comparative Fault Rule
Another negligence rule Missouri follows is known as pure comparative fault. Under this rule, the damages you can recover will depend on the percentage of fault you share. Basically, your percentage of fault will reduce your damages by that same percentage.
For instance, let’s say you incurred $100,000 in damages. If the jury determines you were 20% to blame for the rollover accident because you were speeding, the most you could recover in compensation would be $80,000. Even if you share 90% of the blame, you can still collect compensation for 10% of your total damages.
Pure comparative fault isn’t only for lawsuits. An insurance adjuster might also look at your level of fault to decide the maximum settlement they’re willing to offer.
The St. Louis car accident attorneys from OnderLaw, LLC understand what you’re going through. This has been a traumatic experience, and all you want to do is recover and move forward with your life. We’ll work hard to ensure you receive the monetary award you need to heal your injuries.
When you hire us, we’ll create a plan that meets your needs. You’ll receive individualized attention and dependable legal services. We believe in providing open and honest communication to our clients throughout their whole case. You’ll always be a priority when you’re working with us.
If you suffered an injury in a rollover car accident and need help pursuing compensation, call us at (314) 963-9000. We’ll schedule a free consultation so you can discuss the details of your case and learn about the legal options in front of you.