Who Is at Fault in a Roll Over Car Accident? Iowa Lawyer Speaks!

Most motor vehicle crashes across the United States, especially in Iowa, occur due to someone else's negligence. However, rollover accidents are slightly different, and identifying who is at fault could be far from challenging. This can create hurdles that injured victims must navigate if they wish to recover damages.

Fortunately, Tom Fowler Law and our personal injury attorneys have extensive experience and skills in handling Iowa car accident cases, including those involving rollovers. Our trustworthy law firm has the resources to investigate your car crash and fight the insurance company to get you the compensation you deserve.

Contact Tom Fowler Law and our experienced personal injury lawyers to discuss your case and learn more about your legal options! They can provide information on who is at fault in a single vehicle car accident Iowa.

Types of Rollover Accident Injuries

Rollover crashes are some of the most devastating car accidents that can happen, as they involve a vehicle flipping over either on its side or the roof. The sudden jerk motion, coupled with external forces applied to the vehicle, can cause the driver and passengers to hit objects, the dashboard, or the side window. This can lead to serious injuries and, in the worst cases, wrongful death.

The type of injury a person suffers following a rollover accident depends on the point of impact and the force applied to the vehicle. Some of the most common rollover accident injuries include the following:

• Traumatic brain injuries

• Head and neck injuries

• Back injuries

• Spinal cord injuries

• Broken bones and skull fractures

• Internal injuries

In addition to physical injuries, rollover accidents can take a mental toll on the victims. Survivors of such catastrophic incidents may suffer from anxiety, depression, and post-traumatic stress disorder. These can have serious long-term psychological effects on the affected parties, adversely impacting their quality of life and putting a strain on their relationships.

Common Causes of Rollover Accidents

Understanding the cause of a rollover accident can help injured victims determine whether they have the right to seek damages. There are several key factors that contribute to such tragic incidents in the United States, some of which include the following:

• Poor weather conditions

• Slippery road

• Reckless driver behavior

• Overspeeding

• Improper overtaking

• Defective tires

• Road tripping hazards

• Faulty car design

Can Injured Victims Recover Compensation Following a Rollover Car Accident?

The personal injury law in Iowa provides injured victims with a legal remedy in the form of monetary compensation if they suffered injuries due to another's negligence. To seek damages, one can either file a claim with the negligent party's insurance company or pursue a car accident lawsuit.

Due to the extensive physical and emotional toll rollover accidents can have, injured victims need to take immediate legal action if they've suffered injuries due to another's negligence. Otherwise, they'll end up paying medical bills and covering lost wages from their own pocket.

The first step to recovering compensation is establishing liability or identifying the at-fault party. Once this is done, injured victims must gather evidence to prove the remaining key elements of an insurance claim or personal injury lawsuit: breach of duty of care, causation, and damages.

Who Is at Fault in a Roll Over Car Accident?

Iowa car accident laws require drivers and other road users to be vigilant on roads, motorways, and highways. However, not everyone abides by the rules, which can increase the risk of crashes. Establishing liability can help reduce the financial burden associated with such tragic incidents. For assistance with establishing liability, the best vehicle accident lawyers in Des Moines may be able to help.

When rollover accidents occur, one or multiple parties could be responsible for the injuries caused. They may include the following:

A Negligent Driver

From head and brain injuries to internal bleeding, fractured bones, and more, rollover car accidents can cause serious injuries to the driver, vehicle occupants, and other road users. Driver negligence is often a major cause of such catastrophic crashes.

There are two kinds of situations that can result in these types of rollover accidents, and these are as follows:

• When a reckless driver does an improper overtaking maneuver, their negligent actions could force the other driver to swerve to avoid a collision. The sudden vehicle movement can cause the victim's car to roll over, resulting in an accident and leading to serious injuries.

• A rollover accident could occur when a driver driving at high speeds makes a sharp turn. This sudden change in direction can cause the vehicle to roll over. If there are other road users nearby, it can also put them in harm's way.

Manufacturer

There are many different components in a car that all work together to keep the vehicle moving in a safe manner. Whether it's installing the electronic stability control, fitting the brake pads, or adjusting the steering wheel, the manufacturer must ensure that they carry out the job while adhering to the rules and regulations set by the relevant state and federal authorities.

Any mishaps during assembly or inspection oversight can lead to defective motor vehicles, increasing the risk of accidents. When that happens, injured victims can consider pursuing a claim or filing suit against the manufacturer to seek fair compensation for the injuries caused.

A tire blowout is one of the leading causes of rollover accidents due to a negligent manufacturer. Using inferior materials or a lack of oversight during production may lead to poor-quality tires that can burst at high speeds, causing the vehicle to roll over.

Repair Shop or Another Third Party

A rollover accident can also occur due to a negligent auto mechanic. If the technician fails to check the tires or other parts of the vehicle during routine maintenance, they may overlook any hazards that can lead to these types of crashes.

An auto mechanic has the duty of care to ensure that the work they perform on a client's vehicle, whether it's scheduled maintenance, engine repair, or a replacement job, is to the highest standard. They must ensure that the car leaves their premises in a better condition than it came in.

However, some mechanics may have too many projects to work on or be negligent when carrying out repair, replacement, or maintenance jobs. When that happens, it can lead to a rollover accident, for which they can be held accountable.

Government Employee or Entity

Under Iowa law, government employees or departments have the responsibility to ensure that they carry out the scope of their duties in a safe manner. Whether they're building roads or transporting equipment, they must ensure that their actions don't cause harm to others.

While there is a proper set of guidelines that government employees and departments must follow to ensure the safety of road users, sometimes they may be negligent or reckless when carrying out their duties. This can lead to liability in case of rollover accidents.

Here are some ways a government department's negligence may result in such traumatic incidents:

• Inadequate lighting on a highway, resulting in low visibility, can cause drivers to swerve to avoid hitting objects, leading to a rollover accident.

• A sharp turn without any warning signs forces the driver to make a sudden turn maneuver, causing the vehicle to roll over.

• Poor road conditions can cause vehicles to slip and roll over, resulting in a catastrophic crash. This could also be a hazard for passenger cars going in the same direction.

Others

There could be other people who may be liable for causing a serious accident, including a citizen who leaves debris or trash on the road. Carrying out an investigation into the incident can help identify the right parties to pursue an insurance claim or an auto accident lawsuit against.

What to Do After a Rollover Accident in Iowa

Rollover crashes often involve a single vehicle, but in some cases, there may be other parties as well. It's important to act immediately when such incidents happen, as the action an injured victim takes can make or break their Iowa car accident case.

After a rollover accident, the affected party should follow the steps below to ensure that they have a maximum chance of recovering financial compensation:

1. Check for injuries and try to move to a safe location, away from other vehicles.

2. Call for emergency services if medical attention is required.

3. Inform the relevant police authorities so that they can come down to investigate and file an accident report.

4. Exchange insurance information and key essential details with any other parties involved in the serious car accident

5. Talk to witnesses around if possible and take down their contact information.

6. Head over to a hospital for a complete medical evaluation and start treatment immediately. Ask the medical professional for all of the documents and bills.

7. Call a skilled car accident attorney to discuss the rollover accident and initiate the legal process of recovering compensation.

Rollover victims may be able to file a claim with their own insurance company if they have the right liability coverage or reach out to the negligent party's insurer for financial recovery. An experienced attorney can assess the circumstances surrounding their case and guide them accordingly.

Can an Injured Victim Recover Compensation If They're Partially at Fault for an Iowa Rollover Accident?

While most rollover accidents happen due to another's negligence, it is possible that the injured victim may also be liable for their injuries.

Fortunately, Iowa is a modified comparative negligence state, which means that the law allows affected parties to pursue a claim or a motor vehicle crash lawsuit even if they're partially responsible for the devastating incident. However, their degree of fault can impact how much they can recover.

Here's an example to show how the modified comparative fault laws work in a real-case scenario:

A semi-truck driver is driving on a highway when, out of nowhere, he sees construction work going on. Afraid that he would crash into the site, he swerves immediately, causing the vehicle to roll over. The accident leaves him with severe injuries and $100,000 in damages, prompting him to file a personal injury claim against the government after receiving medical treatment.

When the relevant authorities reject his claim, he takes matters to court. During the investigation, it was found that while the government was negligent and failed to put up warning signs pertaining to the construction zone up ahead, the semi-truck driver was going over the speed limit. The judge holds the plaintiff 20% responsible for his injuries, as the accident wouldn't have happened if he had been driving slowly.

In the abovementioned example, the semi-truck driver is still able to make a financial recovery. However, according to the law and the judge's ruling, he may only receive $80,000 in damages, as he is 20% liable for the accident caused and the resulting injuries.

What Type of Damages Can Injured Victims Recover in a Rollover Accident?

Typically, affected parties can pursue medical bills, rehabilitation costs, lost wages, property damage, and pain and suffering after a serious collision. However, each case is different, and there may be other losses for which Iowa drivers can file a claim.

Working with an experienced personal injury attorney can help identify all of the damages incurred, ensuring maximum compensation and a favorable outcome for the injured victim. They can also consult on who is at fault in a parking lot car accident Iowa.

Injured in an Iowa Rollover Accident? Schedule a Free Consultation with Tom Fowler Law Today!

If you've suffered serious injuries in an Iowa rollover accident, call us to schedule a free consultation with an experienced personal injury attorney.

Whether it's the at-fault driver or a negligent government agency, our team has the resources to conduct a thorough investigation to establish liability, gather critical evidence to build a strong case, and fight the defendants to ensure that you receive the justice and compensation you deserve!