Kansas City rollover accidents happen more often than you might think. The greater Kansas City area has a lot of hills and curvy roads that can be difficult to navigate. The city also has heavy traffic that increases the chances of drivers becoming involved in an accident.
Contact a Kansas City car accident lawyer from Langdon & Emison. We offer free initial consultations. Call today to find out how we protect your rights in a legal dispute.
What is a rollover accident?
A rollover accident can happen when a car flips over while going down a hill or on a turn. This is more of an issue with sports utility vehicles because of their weight and center of gravity. The likelihood of a rollover accident increases if the driver is driving too fast for road conditions or isn’t paying attention to the road ahead.
Rollover accidents are dangerous for both drivers and passengers. However, the severity of your injury depends on where you were seated in the car at the time of impact. Drivers are most likely to sustain neck and shoulder injuries while passengers are more likely to suffer back, brain, abdominal, or limb injuries.
When a rollover accident happens, Langdon & Emison is here for you. Our team of experienced car accident attorneys understand that every case is unique and deserves personalized attention and care.
What should you do after a rollover car accident?
When you’re in a rollover accident, Langdon & Emison recommends that you call the police immediately. The Kansas City Police Department will create a report recording the details of your car accident for future reference. They can also help you get the appropriate emergency services if any individuals involved in the rollover accident are injured.
Although the police will do interviews with all parties involved and make a record of the surroundings, it’s important that you take your own notes and photos. Ultimately, you will need your own record of events and evidence to ensure that the police didn’t miss anything and that any other parties can’t try to turn the blame on you.
From there, contact Langdon & Emison right away so they can help you with your case. The sooner you call, the better the evidence our team can gather to create a more robust case for your damages.
What is the statute of limitations for car accident cases in Kansas City?
You have five years from the date of your accident to file a claim for car damages.
If you wait too long, there might not be enough evidence left and this could result in lost compensation.
Never hesitate to contact an attorney after being involved in any kind of auto-related collision. This allows your attorney to start gathering evidence sooner and proceed with filing charges before the statute has run out.
It is better to be ahead of the clock than to be racing against it.
Proving Liability in a Car Accident Case
The legal system does not allow you to sue just anyone for damages. You can only sue the individuals or entities that are liable for your injuries.
To prove someone is liable, you must prove four legal elements: duty of care, breach of duty, negligence, and damages.
Duty of Care
Duty of care is the first element for any car accident case. This is the standard of care that everyone must uphold when operating a motor vehicle on public roads.
For example, a driver is expected to obey traffic signals to prevent an accident with any other vehicle on the road. This includes stopping at red lights and stop signs. The party you wish to hold liable must have a duty of care.
Once that is established, your attorney can prove they breached this duty.
Breach of Duty
Breach of duty is the second element. Langdon & Emison car accident attorneys know that legal liability can be established when a driver or individual fails to meet this standard of care and causes injuries to others in the process.
For example, if a driver runs a red light or fails to stop at a stop sign, they have breached their duty of care to other drivers. This is because they are knowingly putting others at risk by not following the rules of the road.
Negligence
To prove negligence in a vehicle rollover accident, you must prove that the breach of duty directly caused your injuries. This is also referred to as “causation”.
For example, if the individual who ran the red light hit your vehicle and caused a rollover accident, they would have caused your injuries.
Damages
To sue for damages, you must prove that you have suffered damages. You cannot sue if you have not suffered emotionally, physically, or financially.
With most car accidents, there will be obvious physical and/or financial effects from the accident.
Recoverable Damages in Car Accidents
There are a few types of damages that you can recover from a negligent driver if Langdon & Emison file a lawsuit for your rollover accident. These recoverable damages include economic damages, non-economic damages, wrongful death damages, and punitive damages.
Economic damages are monetary losses. These damages may include repairing or replacing your car after an accident. They can also relate to physical harm that you suffered to your person. This is where medical bills and rehabilitation costs would be claimed.
Non-economic damages are harder to track and prove in the court system because they are not easily calculated in monetary terms. However, they are no less severe. Non-economic damages refer to emotional losses, such as any kind of suffering or trauma you may have experienced after a car accident.
In rollover accidents, a Langdon & Emison wrongful death lawyer can file damages on behalf of any individual who lost their life.
Finally, punitive damages can be filed if the at-fault party was criminally negligent.
Call a Kansas City Car Accident Attorney From Langdon & Emison
If you or someone you know has been involved in an auto-related collision, Langdon & Emison can help. We are here to fight for your family’s rights after a car accident and make sure that you receive the compensation you rightfully deserve.
Please call Langdon & Emison at (816) 793-8867 for more information.