Wisconsin Car Rollover Accidents: Your Legal Path
A car rollover accident can be an extremely scary and dangerous experience. If you were a passenger in a vehicle that rolled over because the driver was negligent – or if another vehicle rolled over and struck your vehicle – you likely suffered serious injuries requiring ongoing medical treatment, medical procedures, and physical therapy. You may also be unsure of the steps you should take to pursue monetary compensation for your injuries.
If you recently suffered injuries in a car rollover accident that resulted from someone else’s careless or reckless behavior, it is important that you have experienced legal counsel on board in your case as quickly as possible.
The knowledgeable Wisconsin car accident lawyers at Mingo & Yankala, S.C. Accident & Injury Lawyers could first meet with you about your rollover accident, discuss the circumstances, and determine your eligibility for filing a personal injury claim with the at-fault driver’s insurer. We could then help you file a personal injury claim or lawsuit to recover the full monetary damages you deserve for your injuries.
For a free case evaluation and legal consultation with an experienced Wisconsin car accident attorney, please contact our office directly to learn more.
Common Causes of Car Rollover Accidents
Car and truck rollover accidents usually happen when people drive in a negligent, reckless, or careless manner under the circumstances. Some car rollover accidents happen when drivers exceed the posted speed limit – especially during inclement weather and other adverse driving conditions.
A truck rollover accident may occur when a vehicle is top-heavy – or when its center of balance becomes offset – usually because the truck driver or trucking company failed to load cargo onto the trailer properly.
Other possible causes of a vehicle rollover accident include:
- Dangerous manufacture or design of the vehicle
- The surface of the road, which may be rough pavement or slick due to snow, ice, or rain
- The pressure, tread, and type of tires on a vehicle
- The weight or shape of a vehicle
- A driver’s negligent maneuvers while they are behind the wheel
When a vehicle rolls over in the middle of the roadway, it may cause the occupants to suffer permanent and sometimes fatal injuries. The same may happen if another vehicle, such as a tractor-trailer, rolls over and brings about a separate collision or series of collisions involving other vehicles.
If you recently suffered injuries in a Wisconsin rollover accident, our legal team could investigate the circumstances of your accident and, if necessary, retain a certified accident reconstructionist to look into how your accident occurred and determine who was at fault. We could then help you take legal action against the responsible driver(s) and their insurance company.
Common Injuries in Car Rollover Accidents
Car rollover accidents can lead to extremely serious injuries for everyone involved. The specific injuries that a rollover accident victim will suffer often depend upon the circumstances surrounding the accident and whether or not a part of the accident victim’s body strikes something in the vehicle, such as the vehicle roof, window, door, steering wheel, or headrest.
Some injuries that accident victims might suffer include:
- Traumatic head and brain injuries (including a concussion or coma)
- Soft tissue neck and back injuries (including whiplash injuries)
- Internal organ damage
- Internal bleeding
- Broken bones
- Broken ribs
- Mouth and teeth injuries
- Eye injuries
- Complete and incomplete spinal cord damage
- Full and partial paralysis injuries
If you suffered any of these injuries in a car rollover accident, it is extremely important that you get the medical attention that you need right away. It is also important that you attend all medical appointments and that you fully complete your entire treatment regimen. Otherwise, the at-fault driver’s insurer may not believe your injuries to be serious.
While you focus on recovering from your rollover accident injuries, our legal team can begin advocating for your rights and interests. Specifically, we could obtain copies of the police report, medical bills, medical records, and other important documents to later use as evidence in your case.
What to do after a Rollover Accident
Following a vehicle rollover accident, there are several important steps that you should take to ensure that your personal injury claim moves forward swiftly. First, it is important that you call 9-1-1 right away if you can do so. Calling 9-1-1 will summon emergency responders, including police and ambulance, to the accident scene. It is also important that you speak with the responding police officer and request a copy of the police report.
In addition, if you can, you should exchange contact and insurance information with all other individuals involved in the rollover accident. You should then seek medical treatment at a hospital emergency room right away.
Finally, contact the experienced and compassionate Wisconsin car accident attorneys at Mingo & Yankala, S.C., Accident & Injury Lawyers right away. Our legal team can begin advocating for your legal rights immediately and gathering the documents you need to file a successful personal injury claim in your case.
Who is Liable for a Rollover?
If you are a vehicle passenger, the driver of your vehicle might be responsible for a rollover accident. This is especially true if your driver was speeding too fast for the roadway or weather conditions or violating some other traffic regulation. Alternatively, another driver might have negligently caused their vehicle to overturn, colliding with your vehicle. In either case, you may be able to file a personal injury claim with the at-fault driver’s insurer and pursue various types of monetary recovery.
To successfully recover monetary compensation for your car accident injuries, you must establish several legal elements of negligence. First, you must demonstrate that the liable driver deviated from the prevailing standard of care in some way. Usually, this means that the at-fault driver violated one or more traffic laws or regulations.
Next, you must show that the at-fault driver’s breach was both the factual and the legal cause of your rollover accident. Finally, you must demonstrate – through medical testimony – that you suffered at least one physical injury in your rollover accident. For example, a qualified medical provider might be willing to state, based upon a reasonable degree of medical certainty, that your injuries directly resulted from the rollover accident. They might also be able to medically demonstrate that you suffered at least one permanent injury due to the accident.
Our legal team could help you retain the necessary experts to satisfy the standard of care in your car accident case. That way, you can pursue the full monetary compensation you deserve for your injuries.
One of the most important steps to avoid injuries in a rollover accident is to wear your seatbelt whenever your vehicle is in motion. Additionally, ride only with careful, responsible drivers you know will operate their vehicle safely and carefully.
A serious rollover accident can still occur even when individuals take the proper precautions. In some situations, the rollover accident may result from another driver’s negligent or reckless behavior, bringing about a multi-vehicle pile-up. If you become involved in a rollover accident, our legal team can immediately start investigating your accident circumstances and helping you pursue the monetary recovery you deserve.
Recoverable Monetary Damages in a Car Rollover Accident
In Wisconsin, victims of car rollover accidents may be eligible to recover various types of monetary damages for their accident-related injuries from the at-fault driver’s auto insurance. The total damage award that an accident victim might be able to recover depends on various factors, including the specific circumstances surrounding their rollover accident, the specific injuries that they suffered in their accident, and the medical treatment that they had to undergo because of their injuries.
Rollover accident victims may be eligible to recover monetary damages for:
- Past and future pain and suffering
- Loss of earning capacity
- Lost wages
- Mental distress
- Loss of spousal consortium
- Medical expenses (both past and future)
- Lost enjoyment of life
- Loss of use of a body part
- Permanent disfigurement
- Permanent disability
- Long-term care costs (such as for residing at a nursing home or assisted living center)
Our experienced legal team can aggressively advocate for you during settlement negotiations and help you pursue a favorable settlement offer from the insurance company. If the insurance company does not compensate you fairly, we could file a lawsuit in the Wisconsin state court System on your behalf and litigate your case to an efficient resolution.
Contact a Wisconsin Car Accident Attorney Today
If you recently suffered injuries in a car rollover accident, time is of the essence. This is because WI accident victims only have three years to file a personal injury lawsuit, beginning on their accident date. If they file their lawsuit after the deadline has expired, they will no longer be eligible to seek monetary damages through a lawsuit.
At Mingo & Yankala, S.C. Accident & Injury Lawyers, our skilled and compassionate legal team can take prompt action on your behalf and help you maximize the total damages you recover through settlement or litigation in your case.