Westbury Rollover Car Accident Lawyer
Rollover car accidents often only involve a single vehicle, so proving liability in these types of crashes can be extremely difficult without the seasoned representation of a Westbury rollover car accident lawyer.
If you have been hurt in a crash involving a vehicle rolling over, a personal injury attorney could help you seek financial damages from the person or business responsible for your losses. A lawyer could investigate the circumstances of your accident to determine who may be held liable for the damages you have endured, such as your lost wages, hospital bills, emotional and physical pain and suffering, and more.
Proving Liability in a Westbury Rollover Car Crash
To prove a defendant’s liability for the injured party’s damages, a Westbury rollover car crash attorney would need to demonstrate that the claim meets the four elements of negligence. These elements are as follows:
- The defendant owed the injured individual a duty
- The defendant failed to observe their legal duty
- The claimant was injured due to the defendant failing to live up to their legal duty
- The claimant sustained actual damages
Parties who could be held liable in a rollover crash include a vehicle manufacturer that failed to warn consumers of a dangerous vehicle defect, a government entity that neglected to properly maintain the roads, or a careless driver who caused the plaintiff to swerve in an attempt to avoid an obstacle.
Shared Liability Laws
Sometimes, the claimant in a rollover car accident case could be found to share a portion of the liability with the defendant. However, even if the court determines that the claimant is somewhat to blame for their own injuries, they could still recover financial compensation.
Under New York Consolidated Laws Civil Practice Law and Rules § 1411, the court could lower the claimant’s recoverable compensation based on their percentage of liability. For example, if the claimant is 15 percent responsible for what happened, this means they would still be entitled to 85 percent of their compensation award.
Common Rollover Auto Accident Injuries
When a car flips or rolls over, all occupants within the vehicle could suffer catastrophic personal injuries, such as:
- Spinal cord injuries
- Internal bleeding
- Brain damage
- Broken bones
- Severe burns.
Statute of Limitations in a Rollover Car Collision Claim
A Westbury rollover car wreck lawyer could ensure the injured party files their claim within the time constraints accorded by state law. Under N.Y. C.P.L.R. § 214, rollover car collision plaintiffs have three years from the day they are injured to file a civil claim for compensation. If the injured party waits to start a claim after the three-year period has ended, the court could dismiss their case and the plaintiff could be totally barred from receiving monetary damages.
Speak with a Westbury Rollover Car Accident Attorney
It is vital to speak with a Westbury rollover car accident lawyer as soon as possible if you are considering filing a legal claim. An attorney could explain the laws governing your case and ensure you understand the full extent of your rights and options.
Call the office now to speak with a Westbury attorney and learn more about starting a personal injury claim.