After rollover car accidents in Austin, you should know the relevant, applicable laws that may impact your claims. For example, Texas is a fault-based state for traffic crashes, which means a driver who causes a collision is typically responsible for any injuries or losses to others, often through their auto insurance.
One of our reputable car crash attorneys from Fleming Law Accident & Injury Attorneys can ensure you do not miss any important deadlines, help you understand your rights and the legal process involved, and work to maximize your compensation.
Determining fault in a rollover collision can be complex because multiple parties are often liable. In addition to a negligent driver, the vehicle manufacturer could possibly be responsible if a design defect, such as a high center of gravity, made the vehicle prone to rollover. A manufacturer could also be liable for faulty tires that blew out, causing the vehicle to roll.
Liability can even extend to government entities responsible for road maintenance or design. For example, if a hazardous road condition or poorly marked sharp curve led to the rollover car crash, the city of Austin or the state could be at fault. Our skilled lawyers know how to investigate these complex cases and will work to identify all responsible parties and hold them accountable.
After a rollover, your focus should be on your health and recovery. However, there are also legal considerations that you should not dismiss. In the aftermath of a devastating crash, here are the steps you should take to protect your health and your legal options:
Retaining an attorney for your rollover vehicle crash in Austin can reduce your stress throughout this process. For example, your lawyer can file the insurance claim on your behalf, and if the insurance company refuses to pay or offers you an unfairly low settlement, your attorney can file a lawsuit.
Additionally, you should be aware of the statute of limitations, or legal time limit, for filing personal injury lawsuits. Under Texas Civil Practice and Remedies Code, § 16.003, you generally have two years from the date of the crash to file. Missing this deadline could result in losing your right to pursue compensation.
Sometimes, unsafe conditions or poorly designed Austin roads may lead a vehicle to flip over and crash. The following conditions may indicate government liability for your injuries:
While it can be more challenging to sue a government entity than it is to sue another driver, it is not impossible. There are specific procedures and shorter deadlines for filing a lawsuit against a government entity. For instance, the Texas Tort Claims Act requires giving notice of a claim against the government within just six months of the accident.
At Fleming Law Accident & Injury Attorneys, we provide personalized attention and direct contact with your lawyer, not an assistant or secretary. Our firm has received top ratings, including the AV Preeminent Rating by Martindale-Hubbell and a 10.0 Superb Avvo rating.
Contact us today to set up a free consultation with one of our reputable attorneys. If you or your loved ones have been injured in rollover car accidents in Austin, our team is ready to help you pursue justice and fair compensation.