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  • Writer's pictureRobert Schuerger II

Who’s at Fault in Rollover Accidents? |Pursuing a Rollover Claim in Nashville, TN

Rollover crashes are very common in Nashville, Tennessee, and often result in severe injuries being suffered by the victims. These involve one or more drivers failing to control their vehicles, leading to a serious car accident in which the vehicle rolls, sometimes landing on its back.

In most cases, a rollover crash could have been avoided, were it not for the negligence of the at-fault party. The severity of the rollover accident injuries usually suffered by victims can leave them stuck at home or in the hospital while struggling to pay medical expenses and provide for their families. Schuerger Shunnarah Trial Attorneys has more information on who's at fault in jackknife accidents.

This is why determining fault in auto accidents is one of the most important duties of a Nashville semi accident attorney. Whoever is at fault, be it the other driver or the insurance company, has to pay damages to the victims.

Causes of a Rollover Accident

Causes of a Rollover Accident

Before determining car accident fault, it is necessary to understand what caused the accident. Data obtained from many rollover accidents across the country suggests that the following are the common causes:

  • Drivers going over the speed limit

  • Hard turns at high speeds

  • Drunk driver

  • Worn-out tire issues

  • Poor weather, such as slippery surfaces

  • Bad road conditions

  • Reckless driving

  • Lack of road signs

  • Distracted drivers

  • Side-impact or rear-end collision

  • Vehicle malfunction

Proving Fault for the Accident

Proving fault for rollover accidents is not always a simple thing to do in Tennessee, especially in cases where the insurance companies are determined to avoid paying damages to the victims.

The plaintiff in rollover accident scenarios must be able to prove that:

  • An accident occurred

  • There are damages suffered

  • The accident caused the damages

  • The party responsible caused the accident

An experienced attorney can help with determining fault for a rollover accident using a police report and either of the following:

Surveillance Footage and Photos

If the accident occurs at a specific point on the road that is covered by cameras, video footage can be the most powerful evidence to prove who the at-fault party is.

Finding relevant footage may be difficult, though. In such cases, an auto accident attorney may rely on photos taken of the accident scene to prove how the accident scenarios unfolded and show the extent of the damages caused.

Eyewitness Reports

Another important weapon in a car accident lawyer's arsenal is an eyewitness report. This can be used to determine important information, such as who had the right of way, how fast the vehicles were going, and whether the defendant ran a red light.

It is, therefore, important to obtain the contact information of all witnesses to the car accident so that the auto accident lawyers can track them down when it is time to provide an oral or written testimony.

Who Is Responsible for the Car Accident?

The most important question that a good lawyer has to answer is "Who's at fault in rollover accidents." When all the evidence has been gathered, the auto accident attorney has to present it in court in a way that will prove that the negligence of the responsible party caused the accident to happen.

The following are the parties likely to be found liable for damages caused by the car accident:

The Negligent Driver

In the majority of rollover accident cases, it is the negligence of the other driver that causes the crash to occur. Negligence can be caused by a variety of things, such as:

  • Driving while intoxicated

  • Distracted driving

  • Ignoring traffic laws

  • Speeding

If it can be proved that driver error is the cause of the accident, then the responsible driver or their insurance company has to pay damages to the victim.

Vehicle Manufacturer

A vehicle with defects is very dangerous and can cause a serious accident at any time. When this happens while the driver is driving at a high speed, a rollover accident can easily occur. In some cases, the driver may lose control of the vehicle and end up crashing into other road users or stranding structures.

When car defects are determined to have caused the accident, the manufacturer is the liable party. The defect may be isolated to just that particular vehicle, meaning the manufacturer only has to compensate the accident victims.

However, in some cases, it may be determined that the defect is due to poor design, in which case the manufacturer may be forced to recall all the vehicles that carry that same design flaw.

Car Dealership

If a car dealership knew about a specific defect in a vehicle but went ahead and sold the vehicle without informing the customer, they will be held liable for any rollover accidents that occur due to that defect.

Willfully hiding vehicle defects is a very serious offense. In such cases, the car dealership may end up being ordered to pay punitive damages on top of the compensation they or their insurance coverage supplier have already paid the victims of the accident.

Other Factors

It is not unusual for a car accident to occur when no traffic violation has been committed, and no negligence or vehicle defects can be shown.

Consider extenuating circumstances, such as animal crossings or slippery spots on the road. These situations cannot be predicted or avoided by the drivers involved in the rollover accidents.

In such cases, the car accident lawyer will usually turn to the victim's own insurance policy provider to seek compensation for the injuries and other damages suffered because of the accident.

Damages a Car Accident Attorney Can Win

Damages a Car Accident Attorney Can Win

A rollover accident lawyer can fight for fair financial compensation for their clients, and if successful, a Tennessee court can award the following damages:

  • Medical expenses

  • Property damage

  • Lost income

  • Wrongful death

  • Pain and suffering

  • Punitive damages

Top Auto Accident Attorneys Will Go to War To Determine Fault in Car Accidents

Knowing how to establish fault in a car accident is an important skill for an auto accident lawyer to have. Whether the victims suffered minor soft tissue injuries or severe, life-altering injuries, Tennessee laws entitles them to seek fair compensation. They can also answer questions like, "What is motorcycle high side?"

When going up against determined insurance companies, victims should have an experienced attorney ready to go to war until they win their lawsuit. Schuerger Shunnarah Trial Attorneys has served the residents of Nashville, TN, for many years. Victims can visit their law offices and request a free case review.


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