Rollover accidents are among the most dangerous types of crashes, often resulting in life-threatening injuries, significant financial losses, and emotional distress.
These accidents typically occur when a vehicle loses stability and flips onto its side or roof. Due to the violent nature of these crashes, victims frequently face long-term consequences that affect their health, livelihood, and quality of life.
In South Carolina, the state’s modified comparative negligence system governs rollover accident cases. This means you can recover damages if you are less than 51% at fault, but your compensation will be reduced by the percentage of fault assigned to you. Understanding your rights and taking appropriate action is critical to protecting your claim.
This article will cover why you need a lawyer, the types of compensation you may be entitled to, the legal challenges of rollover accident cases, what to do immediately after an accident, common causes of rollovers, and how Auger and Auger can help you secure the compensation you deserve.
Why Legal Representation is Essential in Rollover Accidents
Handling the aftermath of a rollover accident requires knowledge of South Carolina law, evidence collection, and negotiation skills. An experienced attorney is essential, especially when dealing with insurance companies aiming to reduce payouts.
Attorneys lead the investigation by collecting police reports, accident scene photos, and witness statements. They may also collaborate with accident reconstruction experts to identify the cause of the rollover, whether it was due to driver error, vehicle defects, or hazardous road conditions. Legal representation ensures all damages, including medical expenses, lost income, and property loss, are thoroughly documented.
Proving fault is a critical part of a rollover accident claim. Insurance companies might argue you were partially at fault, such as by speeding or overcorrecting your steering.
An attorney counters these claims by presenting evidence that highlights the negligence of another party, such as another driver, a vehicle manufacturer, or a government agency responsible for road maintenance.
If insurers fail to offer a fair settlement, your attorney can file a lawsuit and represent you in court to secure the compensation you deserve.
Recovering Compensation After a Rollover Accident
Victims of rollover accidents often endure physical, emotional, and financial hardships. With the support of an experienced attorney, you may be eligible for compensation to cover medical expenses, including emergency care, surgeries, and long-term rehabilitation. Lost wages and reduced earning capacity can also be recovered to address both immediate and future income losses.
Compensation for pain and suffering accounts for the emotional distress and physical pain resulting from the accident, such as chronic pain, anxiety, or depression that disrupts daily life.
Property damage, including vehicle repair or replacement, is another key part of your claim, along with reimbursement for out-of-pocket expenses like transportation to medical appointments or home accessibility modifications.
Attorneys collaborate with medical professionals, economists, and vocational experts to ensure all current and future damages are accurately calculated, helping to maximize your financial recovery.
Legal Challenges in Proving Fault and Securing Compensation
Rollover accident cases can be complex, particularly when multiple factors contribute to the crash. South Carolina’s modified comparative negligence rule makes it imperative to disprove any claims that you share fault, as your compensation will be reduced proportionally.
Insurance companies frequently argue that victims were speeding, failed to maintain their vehicles, or oversteered, causing the rollover. To counter these claims, your attorney will present evidence such as accident reconstruction reports, witness statements, and expert analyses.
In some cases, product liability claims may come into play. Vehicle design flaws, such as inadequate roof strength, poor stability, or defective tires, can contribute to rollovers and make manufacturers liable for damages.
Hazardous road conditions, including poorly maintained surfaces or inadequate signage, may also factor into your case. A thorough investigation is essential to identify all responsible parties and hold them accountable.
Steps to Take Immediately After a Rollover Accident
The moments following a rollover accident can be disorienting, but taking the right steps is critical for both your health and your legal case. First, call emergency services to report the accident and request medical attention, even if injuries aren’t immediately apparent. Next, document the scene by taking photos of your vehicle, road conditions, and any visible injuries.
Collecting witness information is also important; their statements can strengthen your case later. Filing a police report ensures an official record of the accident is created, which can be invaluable in establishing fault.
Promptly seeking medical attention is crucial for your well-being and provides documentation of your injuries. Finally, contact an attorney as soon as possible to begin building your case and navigating the legal complexities.
Common Causes of Rollover Accidents
Rollover accidents often result from a combination of factors, each requiring detailed investigation to determine fault. Common causes include driver error, such as speeding, overcorrection, or impaired driving.
Vehicle design defects, such as poor stability or inadequate roof strength, are other significant contributors, particularly in SUVs and other top-heavy vehicles.
Road conditions can also play a role, with potholes, uneven surfaces, and poorly marked intersections creating hazards that lead to rollovers. Finally, collision forces—especially high-speed impacts from the side—can destabilize vehicles and cause them to flip.
Attorneys specializing in rollover accidents understand how to navigate these intricate cases and work to identify all contributing factors and responsible parties.
How Auger and Auger Can Support Your Case
With over 30 years of experience, Auger and Auger has helped countless rollover accident victims in South Carolina secure the compensation they deserve. Our team conducts thorough investigations, gathering all available evidence and collaborating with experts to build a compelling case.
We work tirelessly to counter attempts by insurance companies to minimize your claim, ensuring that every aspect of your damages is addressed. Whether negotiating settlements or representing you in court, our attorneys are dedicated to protecting your rights and securing the maximum recovery possible.
Our A&A Zero Fee Guarantee means you won’t pay anything unless we win your case, allowing you to focus on healing without financial stress.
Contact Us for a Free Consultation
If you or a loved one has been injured in a rollover accident, don’t wait to seek legal help. South Carolina’s modified comparative negligence rule makes acting quickly essential to building a strong case and protecting your claim.
Contact Auger and Auger today for a free consultation. Let us handle the complexities of your case while you focus on recovery. With our experience and dedication, we’ll fight for the compensation you need and deserve.
