Unfortunately, car accidents are still an all-too-common occurrence on Georgia roads, and being involved in one can have monumental consequences on your life and general well-being. In fact, according to data from the Georgia Department of Health, motor vehicle crashes are the top cause of injury death and the second top cause of emergency room visits and hospitalizations in Georgia.
If you’ve been involved in any type of car crash in Georgia caused by another driver, whether as a passenger, driver, or pedestrian, you may be entitled to compensation.
Being involved in a motor accident is physically and emotionally traumatic for all parties involved. There’s a lot to think about after the accident, such as obtaining medical treatment for injuries sustained, taking note of the damage to cars/property, notifying various organizations, and working on your physical and emotional recovery. Our Atlanta rollover accident lawyers understand that navigating the law and working on your recovery can be daunting and confusing. That’s why attorneys at Ted A. Greve & Associates, P.A. are here to assist.
By teaming up with professional car accident attorneys who are experienced in the common types of car accident injury compensation claims, you can pursue and recover your deserved compensation without worry.
Ted A. Greve & Associates will work tirelessly to ensure you receive the injury compensation you deserve whilst limiting any inconveniences and stress after your rollover accident. Call us at (800) 693-7833 to make a free no-obligation appointment.
What Are the Common Causes of Rollover Accidents?
Rollover accidents are vehicle crashes where the car tips over onto its roof or side. These types of accidents have a higher fatality than other types of motor collisions. Below are the common causes of rollover accidents, based on data from the NHTSA:
Vehicle Type
While all vehicles can roll over, taller vehicles such as pickup trucks, SUVs, vans, and other sport-utility vehicles, which have a higher center of gravity (COG), are more susceptible to rollover crashes.
Speeding
About 40% of fatal rollover accidents involve speeding. Additionally, approximately 75% of fatal rollover crashes occurred in areas where the posted speed limit was 55 m/h or higher.
Alcohol
Another leading cause of rollover accidents is alcohol, or rather, driving under the influence. Nearly 50% of all fatal rollover accidents involve alcohol.
Location
Often, rural roads are uneven and without barriers. That means a rollover accident is more likely to occur on rural roads.
Routine Driving
Routine driving maneuvers such as negotiating a corner are another common cause of rollover accidents.
What is Negligence and How Can Negligence Cause a Rollover Accident?
All the leading causes of rollover crashes suggest that negligence plays a significant role in such accidents. But what is negligence, exactly? And how can it lead to rollover crashes?
Negligence can be defined as not taking the proper action or care when doing something, in this case, driving.
Therefore, when referring to negligence behavior when driving, it means that the driver, pedestrian, or motorist is not paying attention when using the road. Instances of negligent conduct on the road can vary, including:
- Impaired driving
- Distraction
- Excessive speeding
- Inattentiveness
- Recklessness
It is the responsibility of all drivers who choose to get on the road to take reasonable actions to prevent accidents, injuries, and property damage resulting from said accidents. Negligent behavior means the driver did not exercise reasonable action – such as driving under the influence of alcohol. Driving while under the influence will negatively impact the driver’s judgment, vision, and muscular coordination, making it more likely for the driver to lose control of the vehicle and cause a rollover crash.
Injuries Commonly Associated with Rollover Accidents
Every car crash results in unique and life-altering injuries. However, as per information from the National Automotive Sampling System Database, during a rollover crash, injuries often affect five main areas: lower limbs, upper limbs, abdomen, thorax, neck, and head.
Injuries from a rollover accident are often caused by impact with unsecured cargo, contact with torn metal or broken glass, slamming into an obstacle such as another vehicle, or being tossed within the car or ejected from the car. Common injuries associated with rollover crashes include:
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Broken bones
- Death
What Damages Can a Victim Recover for a Car Accident Claim in Atlanta, GA?
The majority of rollover crashes in Georgia and throughout the country are single-vehicle crashes. However, even if you are involved in a single-car rollover crash, you can still seek compensation for injuries and property damage. This is because rollover accidents injury claims can take two forms:
- Negligence: These types of claims involve suing the at-fault motorist or govt entity.
- Product Liability: These types of claims involve suing the dealer or manufacturer of a defective vehicle part. (These types of claims often involve single-vehicle rollover crashes)
Recoverable damages for both negligence and product liability for rollover crashes in Georgia include:
Compensatory Damages
These types of damages are the most common. They are easy to identify and calculate since they are awarded to “compensate” the plaintiff for losses like lost wages, medical expenses, and property repair or replacement. Compensatory damages are either economic or non-economic.
Economic Damages
Have a tangible value, such as medical expenses and lost wages.
Noneconomic Damages
These are damages aimed to “compensate” for a particular loss but cannot be readily tied to a dollar amount. These include mental anguish, pain and suffering, shortened life expectancy, loss of enjoyment of life, and consortium loss.
Punitive Damages
These are awarded not to compensate but to punish the defendant for their negligent conduct.
How is Fault Determined in Georgia for Rollover Car Accidents?
There’s a common misconception that one will not have any legal recourse available to them if they are partially at-fault for a rollover accident. In Georgia, this is not true.
Proportional comparative negligence is used in Georgia, and it means that each party involved in the crash is responsible for their percentage of the blame. For example, if a driver driving over the speed limit and the vehicle had a defective part, then the driver and manufacturer would share the fault for the accident.
As mentioned before, often, the law of negligence is what governs legal claims concerning car accidents. Typically, drivers are required to use “reasonable care” and take “reasonable action” when behind the wheel. When they fail to proceed with reasonable care or action, their actions or inaction is said to be negligent.
For one to prove negligence, they must:
- Show that the defendant had a duty of care
- The defendant’s actions/inaction breached the duty of care
- As a direct result of the breach, the plaintiff or their loved one sustained injuries
How Long Do I Have Before I Am Barred from Filing a Claim in Georgia?
Generally, in Georgia, injury and wrongful death claims resulting from car accidents must be lodged within 2 years of the accident occurring and 4 years for claims for car repairs/property damage. However, the process tends to get more confusing and complex the longer you wait.
The secret to increasing your chances to recover damages is getting started early. So we recommend you get started as early as possible regardless of whether you feel immediate pain or not. If you have questions regarding rollover crashes, we can help! The best way to know the way forward for your car accident injury claim is to call our offices at Ted A. Greve & Associates, P.A.
The laws for personal injury and product liability for Georgia only give victims of crashes a limited amount of time to file their claim, so do not waste time! Let our professional rollover accident attorneys in Atlanta help ensure you file your claim on time.
Why Do I Need a Lawyer for My Rollover Accident Case?
A professional and experienced lawyer can help you with your rollover car accident claim in many ways, including:
Case Preparation
A lawyer will walk you through suitable options, gather all required documentation for your injury claim, confirm that your claim has been correctly assessed and that you have all the proper requirements needed to get you the entitlements you deserve.
Settlement Negotiation
Determining the value of damages can be challenging. A lawyer can help calculate the damages and handle negotiations with insurance providers and at-fault parties to ensure you receive a fair settlement offer.
Trial Preparation & Representation
While most car accident cases settle without going to trial, should the need arise, a professional rollover attorney can represent you in court.
How Much Will it Cost to Work with a Car Accident Lawyer?
Those injured in rollover crashes are often left in the dark regarding their compensation rights and the correct compensation they should pursue.
During these times, people need help most as they are dealing with extended time off work and are often unable to keep up with bills. Are you worried about how much it will cost if you want us to represent you? Don’t be!
At Ted A. Greve & Associates, P.A., we understand that personal injuries can have a devastating impact on your financial position. That’s why we operate on a contingency fee basis – i.e., no win – no fee payment system. We are here to help reduce the stress, ease the inconvenience and anxiety, and support you through the entire process.
File Your Claim with Our Atlanta Rollover Accident Lawyers
If you or a loved one is suffering from a rollover accident injury in Atlanta, GA, or if you have further questions about seeking entitlements after a rollover crash, contact the personal injury lawyers Ted A. Greve & Associates, P.A. today at (800) 693-7833.
