Car accidents are a common occurrence on the roads of Florida, and when they do happen, they can cause a lot of damage, including severe personal injuries or even death. Statistics from The National Highway Traffic Safety Administration (NHTSA) show that in 2019, 3,183 people were killed as a result of car accidents in Florida which is a clear indication of how dangerous the roads in Port Charlotte can be.
Although it is possible for individuals to be seriously injured from any type of car accident, the likelihood increases when a rollover accident happens. This is because the impact caused by these collisions is quite severe and can often result in life-threatening head injuries. An accident of this nature may be caused by a number of factors, including poor road conditions, a mistake on the driver’s part, a defective car, or a collision.
If you or a loved one has been involved in a rollover accident in Port Charlotte, you should seek legal assistance as soon as possible. An experienced personal injury attorney can help you make a claim for any damages you have suffered as a result of the accident. Here at The Law Place, we have over 75 years of combined experience in a number of practice areas, including car accidents. Our team of personal injury attorneys can give you the highest standard of legal assistance to ensure you are duly compensated for any damage you have suffered.
Call today for a free consultation with an accident attorney at (941) 444-4444. Our lines are open 24/7 for your convenience.
Causes of Rollover Accidents
There are many reasons for these types of accidents happening in Port Charlotte. Being aware of the causes of these collisions is essential in order to reduce the amount of them happening. Some of the primary causes include:
- Speeding – If you are breaking the speed limit, you are much more likely to cause a rollover accident. The NHTSA found that 40% of these types of collisions are caused by speeding.
- Vehicle design – Depending on the particular car you are driving, the likelihood of a rollover accident happening increases. SVU’s and pickup trucks are more likely to be involved in these types of collisions due to their weight and height off the ground.
- Driver error – It is common for a rollover collision to be caused by a driver turning a corner too quickly or not paying attention to their speed when turning.
- Conditions of the road – When roads are slippy due to ice or uneven ground or when there are obstacles on the road, a car is more likely to slip or rollover, often resulting in a collision.
- Road types – Roads in rural areas create a higher risk for these types of collisions happening. This is because there are many roads without barriers and two-way roads without any separation between lanes.
- Pile-ups – When numerous cars are involved in a collision, the possibility of one rolling over increases.
Dangers of a Rollover Accident
Due to the nature of these types of collisions, there is a huge risk of serious personal injury or even wrongful death happening. This is due to the force and impact of the collision, which can often result in individuals being ejected out of the car. The Florida Department of Highway Safety and Motor Vehicles (FHSMV) found that these types of crashes are responsible for 7% of deaths on the roads of Florida.
Examples of the most frequently seen injuries from these accidents include:
- Broken, fractured, or sprained bones.
- Internal body injuries.
- High impact injuries to the chest.
- Traumatic brain injuries.
- Wrongful death.
If you have been injured as a result of a rollover collision in Port Charlotte, regardless of how serious your injuries are, it is important that you speak with a reputable law firm that can give you legal guidance. An experienced lawyer can help you get the compensation you deserve for any injuries you’ve suffered.
How to Know if You Have a Rollover Accident Case
In these types of accidents, trying to establish who the liable party is can become quite complicated. If only one car has been involved in the accident, there are a number of factors to be considered. It may be the case that the features of the vehicle itself caused a rollover, such as the manufacturing, design, or repairs that have been carried out on the car. If this situation applies to you, it is possible to make a claim against the vehicle manufacturer or the mechanic who attempted to fix the car. It is also possible that the poor condition of the roads caused the rollover crash. In this instance, you could potentially file a claim against the local authorities, including the Florida highway patrol, or those who are responsible for maintaining the roads. However, these types of claims can be quite difficult due to sovereign immunity, so getting legal assistance from a reputable law firm is advised.
When the crash involved more than one car, it may be possible to file a personal injury claim against the other party. In order to do so, it must be established that the other driver caused an accident by acting negligently. All road users in Florida owe each other a duty of care to ensure that the roads are kept safe for all other road users, including pedestrians, drivers, and cyclists. When an individual breaks this duty of care, they can be found liable for a car accident. If liability can be established, you can make a compensation claim for any personal injury or damage to property you have sustained. A Port Charlotte car accident attorney can assist you in making this claim.
Comparative Negligence Laws in Port Charlotte, FL.
Florida Statute 768.81 provides that Florida is a comparative negligence state. This means that when a crash involving more than one party happens, the portion of the blame of each party determines how much compensation you will receive. If a court determines that you were 30% responsible for the collision, 30% of the compensation you could be awarded will be deducted from the payout.
Trying to receive compensation in a comparative negligence state can be difficult, particularly when the other party has experienced personal injury attorneys who can establish blame on your behalf. This is why our law firm recommends speaking with an experienced Port Charlotte, personal injury attorney who can help minimize your portion of the blame in order to maximize the amount of compensation you receive.
What Damages Can an Attorney Help Me Claim in Port Charlotte?
If you have been involved in a rollover collision in Port Charlotte and have sustained injuries or property damage as a result, there may be a wide range of damages available to you. An experienced Florida personal injury attorney can help you claim compensation for these damages, which could include:
- Lost wages – If you have been unable to work as a result of your injuries, you can claim for any lost wages, including any potential future earnings.
- Medical bills – You can claim any medical bills for hospital appointments, including any future medical costs. This can also include costs for transport to and from these appointments.
- Pain and suffering – You can claim damages for any emotional or physical distress you have suffered as a result of the collision. An example of this includes when you are left unable to participate in a hobby that you enjoyed prior to the accident.
- Wrongful death – If you have lost a loved one in a Port Charlotte car accident, a personal injury attorney can help you claim compensation for any funeral expenses or loss of income to a family household.
Insurance Laws in Florida
As provided under Florida law, you are required to have personal injury protection (PIP) insurance with a minimum of $10,000 if you are a driver. Additionally, you must have property damage protection of up to $10,000. When a claim is made, insurance companies are required to pay out 60% of damage to property and 80% of personal injury protection, only up to the particular policy’s limits.
When a rollover accident happens, however, it is often the case that the damage sustained goes far beyond what is covered by an insurance policy. This is because drivers will often take out the minimum amount of coverage required from an insurance company in order to reduce the costs of driving. In addition to this, insurance companies are often reluctant to pay out the full amount of damages you are owed in an insurance claim due to them prioritizing profit over their clients. When an insurance claim does not cover the damages you have sustained in the collision, it is recommended that you file a personal injury claim in order to receive the compensation you deserve. An experienced injury lawyer can assist you in filing this claim and can communicate with an insurance company on your behalf.
Contact The Law Place Today
Being involved in an auto accident can be extremely traumatic and stressful, particularly when you are trying to receive compensation for any personal injury or damage to your property as a result. Here at The Law Place, our priority is ensuring that you are adequately compensated for your Port Charlotte car accident.
If you call our law firm to schedule a free case evaluation, one of our injury lawyers can give you experienced legal advice on how to proceed with your case. Initially, we can advise you on how best to speak with your insurance company in order to prevent them from devaluing your claim. If you decide to proceed with us as your legal representatives for your motor vehicle crash in Southwest Florida, we will take over the case on your behalf. A lawyer from our law firm will carry out all the investigating on your behalf by speaking to witnesses, examining police reports, and dealing with the other party’s lawyers.
At The Law Place, we have over 75 years of experience in multiple practice areas of law, including car accidents. We have built up a strong attorney-client relationship over these years and are renowned for receiving the best results for our clients. We offer a free consultation with an experienced lawyer who will guide you through the legal process. We want to ensure that you are duly compensated for your Port Charlotte car accident.
Contact us today at (941) 444-4444 to schedule a free consultation with a lawyer near you. Our lines are open 24 hours, 7 days a week, to fit in with your schedule.