Rollover accidents are among the most devastating and life-altering incidents on the road. These crashes occur when a vehicle tips onto its side or roof, often resulting in severe injuries or fatalities. Our auto accident attorneys recognize the immense physical, emotional, and financial toll these types of crashes can have on survivors and their families.
Someone who has been involved in a rollover car accident in Marion should call an experienced lawyer for help pursuing damages. It is challenging to deal with insurance companies and the legal claim system on your own, especially while you are still recovering. An experienced lawyer knows what steps to take to recover the compensation you deserve.
Rollover Crashes Explained
Rollover car crashes happen in a number of ways. Common causes include bad weather, a driver driving too fast, and poor road conditions or signage. These types of crashes can be incredibly frightening and cause many injuries, including lacerations, broken bones, puncture wounds (from broken glass and pieces of metal), crushed limbs, blunt head trauma like skull fractures and traumatic brain injuries (T.B.I.), and whiplash. An injured survivor who can prove another person’s recklessness was responsible for causing the crash may be able to pursue financial compensation for their losses.
Product Liability Laws May Apply
The Uniform Commercial Code (U.C.C.) covers product liability matters in South Carolina. Per the U.C.C., a manufacturer has a duty to design and manufacture cars that are reasonably safe for drivers. If a rollover car crash was caused by a defectively designed vehicle or a manufacturing defect, an experienced Marion lawyer could offer guidance about how to seek financial remuneration.
A big part of proving a vehicle is defective lies in post-accident investigations by qualified professionals, such as mechanics and crash reconstruction specialists. A good lawyer could know who to call and what factors to consider in investigating and building a case based on vehicle defects.
Comparative Negligence
One of the most important laws to consider in any rollover car wreck case is the state’s comparative negligence law. Section 15-38-15 of the South Carolina Code of Laws holds that a plaintiff who is less than fifty percent responsible for an accident is eligible to recover damages. However, damages are reduced by the percentage of fault the court assigns the plaintiff for the accident. If the plaintiff is more than fifty percent responsible, they are not able to recover any compensation.
This law puts a strong incentive on insurers and opposing counsel to seek to prove that the plaintiff was partially or fully responsible for the accident, thus reducing or negating their client’s liability. For example, opposing counsel might argue that the plaintiff was on their phone at the time of the crash. A Marion lawyer with experience handling rollover car crash claims will have dealt with these tactics before and know how to respond.
Call a Marion Rollover Car Wreck Attorney Now
When you or someone you love gets hurt in a rollover car accident in Marion, the very first thing you should do–after dealing with police and getting medical attention–is call an experienced attorney to help you fight your case. Do not risk being taken advantage of by insurance companies or the opposing counsel.
You might be tempted into accepting a lowball settlement offer by an insurer, but this bars you from any further recovery. A lawyer could advocate for the full amount of compensation you are entitled to. Call now to schedule a consultation with a member of our team.
