Rollover accidents can be terrifying for the driver, any passengers, and others in the vicinity. They may happen because of a sharp turn at high speeds, a collision with another vehicle, or a defective component. Often, rollovers involve a sports utility vehicle or another type of car with a high center of gravity. Sometimes they involve roof crush, and quite often they result in catastrophic injuries. It is important to retain an experienced car accident attorney if you have been involved in an Atlanta rollover.Pursuing a Negligence Claim for Compensation
Rollover lawsuits often require accident reconstruction. Sometimes the passenger and driver have significant head injuries, and thus they may not remember what caused the crash. Or there may be competing accounts of what happened. Your attorney and the expert that he or she retains can secure the police report and other evidence to look at what caused the accident, and why. The expert's investigation and evaluation may be a basis to bring a lawsuit.
When a rollover accident happens due to a collision with another vehicle, the expert can look at whether the collision was due to the driver of the car that rolled or another driver on the road. If it is the latter, you may be able to recover damages if you can establish negligence by proving that the other driver failed to use due care and that this failure caused the accident and your damages.
The case may be more complicated if the rollover happened due to a defectively designed or manufactured vehicle. Like another driver, a manufacturer may be liable under a theory of negligence with regard to testing and inspecting the vehicle, designing the vehicle, or issuing an adequate recall notice. However, a manufacturer may also be accountable under a theory of strict liability. In such a claim, the manufacturer can potentially be liable for damages without proof of negligence. Instead, the manufacturer likely would be liable if its product was not merchantable and reasonably suited for its intended use when it was sold, and its condition as sold was the proximate, or legal, cause of the accident.
In some cases, a rollover happens because of road conditions. If a rollover occurs on the highway due to a hazard, such as insufficient time to merge or an unexpected ridge in the asphalt, a government entity may be responsible. There are shortened times within which to bring suit against this type of defendant. You would need to provide notice to the entity within a matter of months, so it is crucial to retain an attorney as soon as possible. The attorney can in turn put an accident reconstruction expert to work figuring out what caused the crash and targeting the responsible party in a timely fashion.Consult an Atlanta Attorney to Assert Your Rights after a Car Accident
If you or a loved one has been hurt in a rollover accident in Atlanta or the surrounding communities, you should contact a motor vehicle collision lawyer before trying to talk directly to the manufacturer or an insurer. In many cases, people who cause an accident or suspect they may be blamed will try to find a way in which the victim is at fault. In some cases, they may follow policies that allow them to destroy evidence as a routine business matter. Attorney Stephen M. Ozcomert may be able to help you pursue damages. Call us at (404) 370-1000 or arrange a free consultation via our online form. We also represent injured individuals in Decatur as well as other cities in DeKalb and Fulton Counties.