Rollover Car Accidents in Banning
Rollover car accidents in Banning are very dangerous since the vehicle often flips over while traveling at high rates of speed. These accidents are typically caused by a motorist’s negligence and can lead to devastating physical injuries, psychological harm, and costly property damage.
When you or a loved one is injured in a rollover crash, you could have a valid legal claim for negligence. An experienced auto accident lawyer at Walter Clark Legal Group is ready to discuss your case and help you analyze your legal choices.
Was the Rollover Accident Caused by Negligence?
Rollover accidents can result from a variety of causes, such as:
- Distracted driving
- Mechanical issues
- Excessive speeding
- Excessive cargo loads
- Driving while intoxicated
- Hazardous weather conditions
Many rollover crashes are caused by a motorist’s negligence. Under California Civil Code § 1714, any person is liable for injuries they cause to another person through their willful or unintentional actions if they fail to use reasonable care.
To prove negligence, an injured party must prove that the defendant driver had a duty of care. The defendant must also have breached this duty of care. Further, the plaintiff must prove the breach was the actual cause of their injuries. Plaintiffs must also have suffered damages.
Proving negligence will depend on the specific facts of an injured person’s case and what caused the rollover accident. A seasoned Banning rollover collision attorney could analyze evidence to build the plaintiff’s case, including relevant police reports or witness testimony.
For example, evidence that the defendant was driving while intoxicated before the rollover crash can help establish negligence. Under California Evidence Code § 669, a person presumably fails to exercise reasonable care if they violated a state law and that violation caused another person’s injury or death.
State Laws Can Limit an Injured Party’s Recovery of Damages
If the plaintiff can prove negligence, they can recover damages for various losses that result from a rollover accident in Banning. Economic damages can include costs such as property damage, lost salary, hospital bills, and other expenses with a definitive financial value. Non-economic damages include losses harder to quantify, like:
- Disfigurement
- Pain and suffering
- Loss of consortium with a partner
- Mental anguish and emotional distress
- Other permanent disabilities that impact one’s quality of living
Plaintiffs can also pursue exemplary damages under Cal. Civ. Code § 3294 when the defendant acts intentionally or with extreme reckless disregard. However, certain state laws can limit a plaintiff’s ability to pursue damages. The state follows the pure comparative negligence doctrine, which limits a plaintiff’s recovery if they contributed negligence to the accident. Courts will reduce the damages by the plaintiff’s percentage of fault. For example, if a victim seeking $100,000 in damages is found 25 percent negligent, they can only recover up to $75,000.
California Proposition 213 also limits a plaintiff’s recovery in situations involving uninsured drivers or when an injured driver is guilty of a felony offense. Uninsured drivers, as well as drivers guilty of driving while intoxicated or another felony, are prohibited from recovering non-economic damages.
Important Legal Deadlines for a Rollover Crash Claim
Anyone injured in a rollover wreck in Banning should file their lawsuit as soon as possible. State law requires that injured parties file personal injury lawsuits within two years of the incident under California Civil Procedure Code § 335.1.
Failing to file a lawsuit within the statute of limitations almost guarantees that a court will dismiss the case. State law provides limited exceptions to the general two-year statute of limitations for personal injury claims. If the injured victim is a minor, the statute of limitations will not start tolling until they reach the age of 18, under Cal. Civ. Pro. Code § 352. Similarly, the statute will not toll for any person with a legal disability until they lose that condition.
Speak With a Banning Lawyer as Soon as Possible After a Rollover Accident
Do not delay speaking with a knowledgeable attorney at Walter Clark Legal Group if you have questions about filing suit over rollover car accidents in Banning. A well-practiced lawyer at our firm could advise you on the process of bringing a negligence lawsuit and ensure that you meet applicable filing deadlines. Call today to discuss your potential claim.
