Family Injured in Fresno Rollover Accident
A family was injured in a Fresno rollover accident on the afternoon of June 23, 2019. The incident occurred around 5:30 p.m. at the intersection of First Street and Huntington Boulevard. A family of four was riding in an SUV along First Street when the vehicle was involved in a collision with another car. The impact of the crash caused the SUV to overturn onto its roof and crash into another driver stopped at a red light. All parties involved in the car accident remained at the scene. Injuries were reported in the crash, according to the Fresno Police Department. However, it is unknown whether anyone was hospitalized for their injuries.
What is a Fresno Rollover Accident?
Rollover accidents occur when a vehicle overturns onto its roof or its side. They are often caused by tire failure and road defects. Pickup trucks and SUVs are more susceptible to rollover crashes due to their high centers of gravity. Serious injuries frequently result in such collisions, particularly when the roof of the vehicle collapses inward.
Rollover Crashes and Roof Crush Resistance
Automakers are responsible for manufacturing vehicles that meet the roof crush resistance requirements listed under Federal Motor Vehicle Safety Standard (FMVSS) Act Part 216. This guideline requires vehicle manufacturers to make cars with roofs that can withstand at least 1.5 times the unloaded weight of the vehicle in a rollover. When an automaker fails to meet this standard, they may be held liable for roof crush injuries and damages.
Common Injuries in a Rollover Accident
Injuries from an auto accident can vary widely in type, location, and severity. Chest trauma, spinal cord damage, facial scarring, and bone fractures are commonly suffered in rollover accidents. Symptoms of some injuries may not present themselves immediately following a rollover such as a traumatic brain injury. No matter how mild or severe the injuries are, those injured in car wrecks are entitled to recover compensation if the other driver was at-fault.
How is Personal Injury Compensation Calculated?
The value of a personal injury claim is based upon two types of damages, economic and noneconomic. These include:
- Medical expenses, including costs of anticipated future medical care
- Loss of consortium
- Lost wages, including expected lost earnings in the future
- Permanent disability or disfigurement
- Pain and suffering such as depression, anxiety or post-traumatic stress disorder
- Property damage
- Punitive damages which are awarded only in cases of egregious conduct such as drunk driving
- Wrongful death
Specific factors may affect the value of a personal injury claim. To learn more, watch the following video.
Proving Negligence in a Personal Injury Case
In a personal injury claim, the injured person will need to demonstrate that the at-fault driver’s negligence caused the rollover crash. There are four elements of negligence. These include:
- Duty of Care: The at-fault driver owed a duty of care to the injured person
- Breach of Duty: The negligent person breached or violated their duty of care
- Causation: The responsible driver’s violation was the proximate cause of injuries to the other party
- Damages: The injured person suffered injuries and damages as a result of the at-fault person’s actions
As you can see, proving negligence in a personal injury case can be challenging. It requires the production of necessary and relevant evidence to recover compensation. When you work with a Fresno car accident lawyer in such situations, you can feel rest assured knowing that your case will be handled with the utmost care and diligence.
Is There a Statute of Limitations on Personal Injury?
The statute of limitations for a personal injury claim is generally two years in California. The two-year window starts on the date that the injury was suffered. When government entity negligence is involved, the statute is shortened to 180 days or 6 months from the date of the incident. Failing to file a claim within the deadline may result in the case being dismissed by the court.
Is Getting a Lawyer Worth It?
Insurance companies are not always fair when it comes to the claims process. Insurance adjusters may use tactics to deny a claim or reduce its value. Conversely, automakers may find ways to dispute liability for their failure of compliance with FMVSS Part 216 on roof crush resistance in a rollover accident. Having an experienced Fresno personal injury lawyer at your side is critical in these cases. Your injury lawyer will work to ensure you receive a fair settlement offer for your injuries and damages while you focus on recovering.
Fresno Rollover Accident Lawyer
I’m Ed Smith, a Fresno rollover accident lawyer. Rollover accidents can result in traumatic or fatal consequences for those involved. If you or someone you love was injured or killed in a rollover accident due to the fault of another driver, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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