Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Any kind of car accident can cause serious injuries to both drivers and passengers, but wrecks that involve a car overturning and rolling are by far the most dangerous type. According to the National Highway Traffic Safety Administration, approximately 35 percent of all fatal traffic accidents involve one or more vehicles rolling over.
Operating your vehicle responsibly can go a long way towards preventing a dangerous accident, but if someone else’s negligence caused you to experience a rollover, you could have reason to talk to a car accident attorney about your legal options. With help from a Lima rollover car accident lawyer, you could recover financial compensation for every injury and loss you sustained in a crash.
NHTSA statistics paint a fairly comprehensive picture of the typical rollover accident: 85 percent of such wrecks which result in a fatality involve only one vehicle, and 90 percent occur due to “routine driving maneuvers,” meaning that the driver was not swerving to avoid an unexpected obstacle and instead crashed due to their own careless behavior. Under the specific circumstances, however, an impact from a negligent driver could flip another vehicle, causing a driver who was following every possible precaution to suffer serious injuries.
Someone who is speeding, driving while intoxicated, or distracted by something other than the road ahead of them is at much greater risk of causing a rollover accident, especially if they do so on a rural road with no guide rails or barriers to prevent cars from overturning. A Lima attorney experienced in rollover vehicle crash cases could work with an individual to identify whether another person acted negligently in these or other ways and work to demonstrate that their recklessness directly caused an accident and the plaintiff’s ensuing injuries.
If a plaintiff can prove someone else was legally negligent in causing a rollover wreck, they could receive recovery for a variety of different losses. Since Ohio is a fault state when it comes to civil car wreck cases, a rollover accident victim could pursue compensation directly from a negligent party or their insurance company, rather than having to go through their own insurance first.
If their case is successful, a skilled lawyer could help a rollover auto collision victim receive financial restitution for medical bills, lost income from missed shifts at work, repair costs for their vehicles, and loss of future earning potential due to long-term injuries sustained. However, Ohio Revised Code §2315.18(B)(3) establishes a cap for non-economic damages of either $250,000 or three times the value of economic damages sustained, whichever is greater.
Furthermore, ORC §2305.10 sets a statutory deadline of two years for a car accident victim to file suit for damages. Failure to meet this deadline may result in a case being time-barred, so it is best for anyone considering civil litigation to consult with legal counsel sooner rather than later.
There are plenty of ways in which Ohio civil law can trip up those unfamiliar with civil litigation, which is why it could be beneficial to talk to an experienced attorney about how best to proceed with your case.
A Lima rollover car accident lawyer who has dealt with cases like yours before could be well-equipped to help you take advantage of your legal rights and pursue compensation effectively. Get started on your case today by calling to schedule a consultation.
Charles E. Boyk Law Offices, LLC