Personal injury Library

How Does a Rollover Accident Investigation Work?

Proper Investigation is Paramount to a Successful Rollover Car Accident Case

The strength of an injury lawsuit is based on two factors: The extent of the injuries and damages, and the quality of evidence that proves who is responsible. If you want to receive the most compensation that you can, you're going to need to get all the evidence that you can.

In order to make this assessment, a timely and thorough investigation must be conducted. Our Texas attorneys want you to understand the importance of this facet of building your case, so that you have the greatest opportunity of getting the compensation your injuries warrant.

Why the Investigation is so Critical to Your Success

Rollover accidents can occur for a wide variety of reasons, but those reasons aren't always readily apparent when the accident takes place. A rollover wreck isn't like a standard car accident in which someone runs a red light and t-bones another car. As a rollover accident occurs, the party to blame is not always as obvious. For example, a car rolls over coming around a curve and ends up in a ditch. There's many different ways it could have gotten there, such as:

  • Driver Error - if the driver of the car was going too fast around a turn or curve, strayed off the road and into a ditch, or clipped a median while making a turn then rolled into the ditch;

  • Defective Tires - if a tire blows out while a car is turning, then a rollover accident is likely;

  • Improper Maintenance Instructions from the Car Manufacturer - sometimes, the manufacturer can give improper instructions as to how tires need to be maintained and inflated, and this can help lead to rollovers as was the case with the well-publicized Ford Explorer recall during the past decade;

  • Mounting Improper Tires - if a mechanic knowingly mounted tires on a car that did not suit the vehicles design, they may cause the car to roll over in some turning situations;

  • Road Design - if the bank of a curve wore down through erosion, if there was an excessive amount of gravel on the road, if a median jutted out too far into a turning lane, or if guardrail was lacking in a spot that needed one, then a car could roll over and end up in that ditch;

  • Excessive Speed Limits - if the speed limit on a curve put a car or truck in a situation where it was likely to rollover and land in the ditch; and

  • Poorly Secured Load - specific to 18-wheelers, if the load is not adequately secured, then it can shift during transit and cause the entire 18-wheeler to roll over.

While these are a few of the most common causes of rollover accidents, they are only a few of the ways that they can occur. You need to have an experienced attorney conduct a diligent investigation into the accident just to figure out who is liable and then to gather the evidence that you're going to need to build a case against the negligent party and rule out all of the other possibilities.

Finding the Evidence you Need

In rollover accidents, the vehicle is usually severely damaged, and your attorney will need to sequester and examine the car with mechanical experts before it is disposed of by the insurance company. Once the vehicle is gone, then so is any evidence you need to prove its tires were defective. In much the same way, the accident scene will be altered and repaired and not kept in the same state in which the accident occurred for very long. Nor will witnesses sit by the side of the road waiting to be interviewed by your lawyer.

If your lawyer is going to find the evidence you need to win the case, then he or she is going to need to be investigating as soon as possible. A competent lawyer will be at the scene of the accident as soon as he or she is hired, looking for witnesses, going over the wreckage with a fine-toothed comb, and examining the area with an accident re-constructionist. This re-constructionist will then take the evidence collected and construct a realistic computer model that shows how the rollover took place. Juries believe what they see much more than what they're told.

After more than 20 years handling personal injury and wrongful death cases, our attorneys are prepared and capable of helping you figure out who caused your rollover accident and holding that liable party financially responsible for the harm that has befallen you.

If you'd like to get our attorneys on the trail of the evidence in your rollover accident case, then call us now for a free consultation at (855) 326-0000 (toll free).

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