Rollover accidents often occur when drivers lose control of a vehicle, which causes the car to slip to the side, strike a guardrail, telephone pole, or another object, and rollover as a result of the momentum.
The same type of accident may result when drivers lose control, overcompensate, and try to swerve back onto the roadway too sharply and too quickly. Driving an SUV, which is common, also increases the chances of a rollover accident in this situation.
If you or a loved one suffered an injury due to a rollover accident caused by another’s negligence, you might want to seek the services of a Brookline rollover accident lawyer. A dedicated car wreck attorney can provide you with assistance for any legal claims that you may have.
The injuries that drivers and passengers may sustain in a rollover accident can be extremely severe, especially if any of the vehicle occupants are unrestrained by seatbelts.
Rollovers can cause unrestrained individuals to be thrown about and/or ejected from the vehicle, which can cause severe and sometimes fatal injuries. Among the life-altering injuries that might occur are:
Personal injury claims for compensation that stem from rollover and other motor vehicle collisions are based on a legal theory of negligence, which occurs when individuals fail to act in accordance with the standard by which a reasonable person would act in a similar or the same situation.
All drivers have a duty to act in a manner while driving that reasonably ensures the safety of others. When drivers fail to live up to that duty, such as violating traffic and driving laws, they breach that duty. Evidence of a duty and a breach of that duty is required to prove negligence.
Furthermore, that breach of duty must be the proximate cause of the accident victims’ injuries. Finally, there should be actual injuries resulting from the accident in order to support a negligence action.
When a wreck that leads to injuries occurred as a result of another’s negligence, it may be useful to consult a rollover accident lawyer in Brookline for advice.
Massachusetts is a comparative negligence state, which means that injury victims can file valid personal injury claims arising out of a rollover accident even if they were somewhat at fault or liable for the accident that led to their injuries.
According to Mass. Gen. Laws ch. 231, §85, as long as injury victims are not more at fault for the accident than the other responsible parties, they can still seek compensation for their injuries. Additionally, they must be less than 51% responsible for the accident in order to qualify for this form of relief.
However, the amount of damages to which injury victims may be entitled to would be reduced by the percentage of fault that is attributable to them. For instance, if individuals who suffer injuries in a rollover accident in Brookline are 25% responsible for the accident, then they would be limited to recovering 75% of the total amount of the damages.
Massachusetts, like most other states, has established a strict timeframe, or a statute of limitations, for filing lawsuits arising out of rollover accidents and any other type of accident.
Under Mass. Gen. Laws ch. 260, § 2A, individuals who are injured in motor vehicle accidents can file claims for personal injuries no later than three years from the date of the accident in which they sustained their injuries. If they fail to meet this deadline, they typically would be unable to pursue any sort of claim for injuries. Fortunately, a dedicated Brookline rollover car wreck attorney could help victims file a claim promptly.
Any sort of motor vehicle accident can result in injuries, and it sometimes may be difficult to discern whether you have a valid claim based on negligence for damages.
Seeking the consultation of a Brookline rollover accident lawyer, who may be able to answer your questions about any claim that you may have, as soon as possible following your accident may help ensure that you do not lose your chance to file a claim for compensation.