Liability in Rollover Crashes: Who Is At Fault?
Determining fault in a rollover crash can be complicated, especially when it is a single-vehicle crash. Some people might assume that the driver of the vehicle that rolled over is always at fault in a single-vehicle wreck, but this certainly is not the case. In addition, rollover accidents involving two or more vehicles can often result from the other driver’s actions or inactions, or another party’s negligence. It is critical to determine liability because then you may be able to move forward with a civil lawsuit against the liable party. In other words, if a person is liable, they may be responsible for paying damages for your losses.
How do you go about determining fault in a rollover crash? Our Shreveport rollover injury attorneys can help.
Understand How Rollover Crashes Happen
To understand when and how a party may be liable for a rollover crash, it is important to understand how these types of wrecks occur in Louisiana. The following are among the most common causes of rollover crashes, according to the National Highway Traffic Safety Administration (NHTSA):
- Intoxicated driving (especially in fatal rollover collisions);
- Speeding; and
- Driver negligence in other ways.
Beyond speeding and drunk driving, vehicle defects, roadway hazards, and inclement weather can contribute to rollover crashes. According to the NHTSA, the majority of fatal rollover crashes are single-vehicle crashes, and these types of collisions are “more likely to result in fatalities than other types of crashes.” In total, rollovers account for about 20 percent of all deadly crashes, and they most often involve SUVs and light trucks.
How does causation help to determine fault? The cause of the rollover typically determines who is at fault, and thus who can be sued for damages. Examples of parties who may be at fault, and against whom you may be able to file a claim, include but are not limited to:
- Negligent motorists (other than the driver of the rollover vehicle);
- Designers of the vehicle or one of its components;
- Manufacturers of the vehicle or one of its components;
- Retailers or marketers of the vehicle in some circumstances;
- Property owners where the rollover crash occurred; or
- Negligent mechanic who worked on the vehicle.
Know How the Statute of Limitations Can Impact Liability
Finally, it is essential to know more about the statute of limitations and how it can impact another party’s liability — and more specifically, their responsibility to pay you damages — after a rollover collision. The statute of limitations sets a time limit on civil claims. For most personal injuries in Shreveport and throughout Louisiana, the statute of limitations on injury cases is one year. As such, you will have only one year from the date of the rollover crash and your injury to file a claim. Otherwise, your claim will be time-barred, and the at-fault party will not be legally responsible any longer for paying damages (no matter how much proof you have of their fault).
Contact a Shreveport Rollover Injury Lawyer Today
Were you injured, or did you lose a loved one, in a devastating rollover crash? An experienced Shreveport rollover crash attorney at Rice & Kendig, LLC can help you with your compensation claim.
Sources:
crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/809438
legis.la.gov/Legis/Law.aspx?d=110515
