A rollover vehicle crash happens when a car rolls over on its side or roof during the incident. When the accident occurs at high speeds and has a significant force, it may roll over several times.
While these crashes are not as common as others, they are often deadly or cause severe injuries and property damage. When you want to pursue damages from the at-fault driver, schedule to meet with a hard-working attorney knowledgeable about rollover car accidents in Houston.
The Most Common Rollover Car Crash Injuries
- Broken bones and traumatic amputations
- Spinal cord injuries and paralysis
- Severe head, skull, or traumatic brain injuries
- Whiplash and other soft tissue injuries
- Chest and internal organ damage
- Lacerations and puncture wounds
A skilled attorney could investigate to find the evidence needed to prove total damages and other losses.
Compensation After a Rollover Car Accident
The civil court will consider the actions leading to the rollover wreck in Houston and the extent of the plaintiff’s injuries. After determining the total damages, they usually break the settlement into two categories.
Economic damages cover verifiable losses such as medical care and the cost of ongoing healthcare. Lost pay, benefits, future earning potential, and transportation costs for medical appointments would also fall within this category.
Non-economic damage covers personal losses that are not as easy to verify. The settlement could cover pain and suffering, inconvenience, loss of life’s enjoyment, and mental and emotional anguish.
The Modified Comparative Fault Rule
When more than one person shares fault for an accident, the court will calculate each person’s percentage of responsibility and the total award using the modified comparative fault rule. Under Texas Civil Practice and Remedies Code § 33.001, if the plaintiff or other third parties are partly liable, the court will diminish the total settlement amount by that percentage. That means if the petitioner is 20 percent at-fault, they can collect 80 percent of the total damages from the defendant.
However, if the court determines the plaintiff is 51 percent or more responsible, they are ineligible to recover an award for their losses. While the modified comparative fault rule can benefit the claimant when they share some of the liability, minimizing their portion of the fault is vital. A lawyer knowledgeable about Houston rollover car crashes could help calculate potential damages under the rule.
Time Limit to File a Lawsuit After a Car Accident
Under Texas civil statutes, the petitioner must commence legal action within two years of the rollover vehicle collision. The time begins to run on the day of the cause of action. Unfortunately, failing to comply with the statute’s time limit will often mean losing eligibility to collect compensation from the at-fault party.
Schedule a Consultation With an Attorney Experienced in Litigating Houston Rollover Car Accidents
While rollover car collisions account for a small percentage of accidents nationwide, they have a significantly higher chance of causing life-threatening or fatal injuries. The civil court could allow you to collect compensation from the at-fault party when they occur because of negligence.
A settlement for damages could cover medical care, lost salary, and pain and suffering. Schedule a consultation with a lawyer seasoned in rollover car accidents in Houston if you need help with a lawsuit.
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