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San Clemente Rollover Car Accident Lawyer
Rollover car accidents are serious crashes. Most often, one or more drivers must be traveling at a high rate of speed to flip a vehicle. When a car rolls, therefore, it may be a sign that motorists were not operating their vehicles in an appropriate manner.
If you sustained injuries or property damage in an overturned car accident, you may be entitled to damages under California law. A San Clemente rollover car accident lawyer could review your case and fight on your behalf in a lawsuit. Reach out to a seasoned car wreck attorney today to get started.
Dangers of Rollover Accidents
Cars are built on heavy frames that ground the car on the road to prevent flips. When involved in severe crashes, however, the car frame poses a risk to drivers and passengers.
In many rollover accidents, the roofline crumples under the enormous weight of the car engine and frame. Even if the roof resists collapse, broken glass could still cause severe damage to riders.
Drivers also risk ejection during rollovers. When motorists or their passengers fail to wear their seatbelt, this risk grows exponentially.
An accomplished lawyer may be able to identify responsible parties of a victim’s wreck. When distracted driving or impaired driving causes a traffic wreck, the impacted driver may levy a civil lawsuit claim.
Statute of Limitations in Rollover Crashes
In California, the rules on “statute of limitations” are different than most states. Statute of limitations refers to the time period that a claimant is granted to file a civil lawsuit.
Out-of-state drivers seeking damages in San Clemente would do good to review the differences between the California statute of limitations and the corresponding laws in their home state.
It is important to note one complainant may have multiple statutes of limitations in a civil case that involves both personal injuries and property damage. This is because the legal code makes a distinction between bodily injury and damages to material goods, like a car.
The statute of limitations for personal injury is two years. Per the California Code of Civil Procedure 335.1, claimants have two years to commence legal action. A lawsuit needs to be started, not finished, in that time.
In cases of property damage, however, the statute of limitations is three years, per C.C.C.P. 338. A San Clemente rollover wreck attorney may be able to help plaintiffs seek both types of damages in a civil suit.
Assessing Fault in Car Wrecks
Often, car accidents have multiple causes. Per C.C.C.P. 1431.2, drivers may file a claim for an accident, even if they contributed to the accident in some way, shape, or form.
Essentially, the law states that each party to an accident is assessed a level of fault. To find the amount of recoverable damages, potential plaintiffs could take the value of their claim and reduce it by their percentage of fault.
C.C.C.P. 1431.2 also describes the types of damages that an individual may be able to claim in California. The law distinguishes between “economic” and “non-economic” damages.
Economic damages, commonly known as real losses, are objective. These include lost wages, car repair bills, and medical costs. Typically, these are more straightforward to demonstrate before a jury.
On the other hand, non-economic damages, known as intangible losses, are more subjective. Physical pain, mental anguish, and loss of companionship may all qualify. A rollover car accident lawyer in San Clemente could explain other recoverable non-economic damages, too.
Contact a San Clemente Rollover Car Accident Attorney
Rollover car wrecks are far more serious incidents than fender-benders or sideswiping. Severe crashes like these deserve the attention of an attorney because drivers are not trained to spot instances of negligent driving on the part of others.
If you believe distracted driving or impaired driving played a role in the crash, it may take a significant investigation to prove. Likewise, if the offending party was speeding at the time of the accident, this needs to be demonstrated before the court.
An attorney might be able to help determine if you are eligible to file a claim under California law. With the help of a San Clemente rollover car accident lawyer, you may be able to recover damages due to the negligent driving of other motorists.