Hire a rollover Carlsbad truck accident lawyer from Jurewitz Law Group Injury & Accident Lawyers to protect your rights after getting injured in a truck rollover accident. California sees an abundance of truck crashes every year that result in injuries and fatalities. A collision with a large truck can lead to irreparable damage.
Tractor-trailers, 18-wheelers, and other commercial vehicles have a high center of gravity, making them more susceptible to rolling. According to experts, commercial trucks are one-third less stable than an average passenger car. They’re heavier, larger, and hold hundreds of pounds of cargo.
Rollover accidents fall under two categories: tripped and untripped. Tripped crashes occur when the truck hits a curb, overpass, car, or another type of obstacle. In an untripped crash, the driver loses control because of momentum or some kind of force. These two accident types happen because of various reasons, including:
- Abruptly changing lanes
- Driving at a high rate of speed
- Striking a hazard or obstacle
- Shifting or loose cargo
- Taking sharp turns
- Braking too quickly
- Distracted driving
When you’re hurt due to the negligent actions of another party, you deserve to be compensated for your injuries and damages. The truck rollover accident attorneys at Jurewitz Law Group Injury & Accident Lawyers have the experience and dedication it takes to recover the compensation you need to get your life back on track. Contact our firm to schedule a free, no-obligation consultation to discuss your case. Call (619) 349-1682 today.
Proving Fault After a Rollover Accident
If you were the victim of a rollover accident, you need to seek legal representation and medical treatment immediately. An attorney can help you obtain all of the evidence you need to hold the truck driver or their employer liable for your injuries.
When you hire one of the rollover accident lawyers from Jurewitz Law Group Injury & Accident Lawyers, we’ll open an investigation into your case and start collecting evidence. The evidence we’ll need to locate includes, but is not limited to:
- Traffic crash report
- Copies of liability insurance policies from the trucker, trucking company, and any other parties involved
- Photos of the accident site
- Video surveillance of the collision
- Witness statements
- Your medical records, billing statements, prescriptions, and other expenses related to your injury
- Vehicle repair bills
- Rental car documentation
There are many different trucks on the roadways, and we’ll have to identify what type caused your accident.
- Big rig
- Commercial bus
- Cargo truck
- Concrete truck
- Delivery van
- Construction truck
- Garbage truck
- Moving van
- Tanker truck
- Ambulance and EMS trucks
Depending on the kind of truck involved, there are specific licensing requirements that could affect how you need to go about pursuing compensation. Also, the cause of the crash is relevant in determining who to hold responsible for your resulting losses.
Trucking company: If the company negligently hired the driver involved in the crash, you might be able to seek compensation from their liability insurance carrier.
Truck driver: If driver error caused the collision, you could pursue legal action against the driver in a lawsuit or file a claim with their auto insurance.
Truck manufacturer: If a faulty part or mechanical failure led to the vehicle rolling over, it’s possible to hold the manufacturer responsible for the crash occurring.
Loading company: If improperly secured cargo shifted or fell out of the truck, causing it to roll over, you might be able to file a claim or lawsuit against the company that loaded the truck.
You Deserve Compensation for Your Suffering
No amount of money could make up for the pain you had to endure. However, Jurewitz Law Group Injury & Accident Lawyers wants to make sure you receive maximum compensation to pay for your expenses. California law determines the compensatory damages you’re allowed to claim after a rollover accident.
Compensatory damages fall under two categories: economic and non-economic. Economic damages are actual expenses, while non-economic are intangible losses. The economic damages available include the following:
- Medical bills
- Future medical expenses
- Lost wages and loss of earning capacity
- Vehicle repair or replacement
- Property damage for personal items within the vehicle
The non-economic damages you can claim after a rollover accident include:
- Pain and suffering
- Emotional distress
- Loss of affection or companionship
Unlike many other states, California does not place limits on the amount of compensation you can pursue in a rollover accident case. However, two circumstances could reduce your total damages or prevent you from collecting the maximum financial award available.
There’s a strict two-year statute of limitations for filing a lawsuit. You only have two years from the date of the crash to pursue civil action against the driver or another responsible party. If you got into an accident with a government entity, you only have six months to sue. If you miss the deadline, you lose your right to seek legal action.
Another unique situation under California law involves a driver who doesn’t carry auto insurance. If you discover the trucker who hit you doesn’t have insurance, you won’t be able to recover non-economic damages. Economic damages are still available as long as you can prove fault.
At Fault and Pure Comparative Negligence Rules
California is a fault state when it comes to insurance claims. If you can prove someone else caused the rollover accident, you’re automatically entitled to compensation from their liability insurance company.
Under the pure comparative negligence rule, the compensation you can pursue depends on the amount of blame you share for the crash happening. If your case goes to court, the judge or jury will determine your percentage of fault to calculate how much money you can win. As an example, if your total damages are $10,000, but a jury decides you were 10% to blame for the accident, you can only receive a maximum of $9,000.
Are Rollover Accident Injuries Always Severe?
You could potentially walk away from a rollover truck accident with minor injuries and make a speedy recovery. However, that’s usually not the case. When a large commercial vehicle rolls over and causes an accident, it leads to devastating damage and physical harm.
If the truck rolls onto your vehicle, cargo falls onto the road into your path, or you get pinned between the truck and a stationary object, you could sustain life-threatening injuries. Rollover accidents commonly cause the following injuries:
- Traumatic brain injury
- Spinal cord injury
- Loss of limb
- Crush injuries
- Broken bones
- Chest and abdomen injury
- Nerve damage
- Lacerations and wounds from broken glass and debris
Some of the injuries listed above can lead to physical impairment or permanent disability. In some cases, the injuries can be fatal. Depending on the extent of the bodily harm, you might require invasive surgery, consistent physical therapy, or suffer from long-term effects.
Insurance Claim vs. Lawsuit
There are fundamental differences between an insurance claim and a lawsuit. If you suffer any injuries that require medical attention after a rollover accident, you should file an insurance claim. Depending on the amount of liability coverage listed on the insurance policy, you might be able to cover all your expenses.
If the truck driver or trucking company’s actions were entirely reckless, you could file a lawsuit and receive additional compensation. Punitive damages, unlike compensatory damages, don’t reimburse an injured person for their losses. Instead, it punishes the party for their behavior that led to the crash.
Hiring a rollover accident lawyer from Jurewitz Law Group Injury & Accident Lawyers will benefit you in deciding whether you should file an insurance claim, lawsuit, or do both. We know how to review the details of a case and determine its value. We’ll find critical pieces of evidence that will increase the maximum amount of compensation you can pursue.
We will handle every legal aspect of your case. We can file an insurance claim on your behalf, investigate the details of the accident, submit the necessary documentation to the insurance adjuster, and negotiate a fair settlement. If we need to, we’ll file a lawsuit against the liable party. We understand the complex nature of lawsuits and how to pursue the money owed to you aggressively.
Why You Should Choose the Jurewitz Law Group Injury & Accident Lawyers
The decision to hire a lawyer to help you with your rollover accident case is one you shouldn’t take lightly. Having the right legal team by your side could mean the difference between recovering the maximum compensation or receiving nothing. At Jurewitz Law Group Injury & Accident Lawyers, we take pride in the positive outcome we’re able to provide for our clients. When you hire us, we’ll make your case a priority.
We understand the devastating effects a rollover accident can cause and will fight to seek the justice you deserve. You can depend on us to guide you through the complicated legal process, so you know what to expect. We’re available 24/7 to answer your questions and help you get through this challenging time in your life.
We’ve been representing victims of rollover truck crashes just like you and have negotiated million-dollar verdicts over the years. We’re not afraid to go up against insurance companies and large trucking companies to make sure you receive a full and fair settlement. With experienced rollover accident lawyers by your side, you can rest assured you’ll be in excellent hands.
Injured in a Rollover Accident? Call the Jurewitz Law Group Injury & Accident Lawyers Today
To find out how Jurewitz Law Group Injury & Accident Lawyers can recover the financial compensation you need, call (619) 349-1682 to schedule a free consultation. There’s no risk in speaking with our truck accident attorneys about your rollover accident in Carlsbad to get sound legal advice. We work on contingency, so there’s no fee unless we win your case.