Your SUV tips sideways during an emergency lane change. The world spins as your vehicle rolls onto its roof. When it stops, you’re trapped upside down with glass everywhere and metal groaning around you. T
he insurance company will later claim you were driving too fast or made an unsafe maneuver. Proving what really happened can be done with the help of our Celina rollover accident lawyers. The Texas Law Dog represents rollover accident victims throughout Celina with a clear grasp of what must be proven in these cases.
Our lead attorney’s insurance background taught him how companies defend rollover claims, and Our Team Bites Back when they try to shift blame onto victims. If you need a car accident lawyer in Celina after a rollover crash, contact us for a free consultation.
What You Must Prove to Win Your Rollover Case
Texas law requires proving four elements in any negligence case: duty, breach, causation, and damages. The at-fault driver owed you a duty to drive safely.
They breached that duty through some negligent action. Their breach directly caused the rollover and your injuries. You suffered actual damages from those injuries.
The causation element often becomes the battleground in rollover cases. Insurance companies argue that your own driving caused the rollover, not the other driver’s actions. They’ll claim you oversteered, drove too fast for conditions, or failed to maintain your vehicle.
Working with a personal injury lawyer in Celina who handles rollover cases means having someone who knows how to counter these arguments with evidence.
Establishing Liability When Another Driver Caused Your Vehicle to Roll
Proving another driver’s fault starts with reconstructing the sequence of events. Did they cut you off, forcing you to swerve? Did they drift into your lane, causing you to overcorrect?
Did they rear-end you hard enough to flip your vehicle? Witness statements, police reports, and traffic camera footage help establish what the other driver did wrong.
The “but for” test applies to causation in Texas. But for the other driver’s negligent action, would your rollover have occurred? If the answer is no, you’ve established causation. The legal standard focuses on whether the driver’s actions were a substantial factor in causing the crash.
Celina Rollover Car Accident Lawyer Near Me (817) 775-5364
Vehicle Defects and Manufacturer Liability Standards
Three types of defects trigger manufacturer liability: design defects, manufacturing defects, and failure to warn. A design defect means the vehicle’s basic design is unreasonably dangerous. A manufacturing defect means something went wrong during production. Failure to warn means the company knew about rollover risks but didn’t adequately inform consumers.
Federal regulations require vehicle roofs to withstand certain force levels during rollovers. If your vehicle’s roof collapsed below federal standards, that creates strong evidence of a design defect.
Insurance companies for manufacturers will argue the roof met minimum standards, but minimum compliance doesn’t equal reasonable safety.
Stability control systems have become standard on newer vehicles specifically to prevent rollovers. If your stability control system malfunctioned or failed to activate when it should have, that points to a potential defect. Electronic data from your vehicle’s black box can show whether these systems functioned properly during the moments before your rollover.
Proving Your Injuries Resulted from the Rollover
Medical causation links your injuries to the accident through expert testimony. Your doctors must explain how the forces in a rollover crash caused your specific injuries. Insurance companies frequently argue that pre-existing conditions caused your pain, not the accident. Our rollover accident attorneys in Celina will fight back against their arguments.
The “eggshell plaintiff” rule protects you even if you had pre-existing vulnerabilities. Defendants take victims as they find them. If the rollover aggravated a pre-existing back condition, the at-fault party remains liable for all resulting harm. This legal principle prevents defendants from avoiding responsibility by claiming that you were already fragile.
Timing also matters for medical causation. The closer your symptoms appeared to the accident date, the stronger your causation argument.
If you sought treatment within days of the rollover, that timeline supports causation. Gaps in treatment give insurance companies ammunition to argue your injuries weren’t serious or weren’t caused by the crash.
Overcoming Defense Arguments About Your Conduct
Texas uses modified comparative negligence, meaning your recovery decreases by your percentage of fault. If you’re found 51% or more at fault, you recover nothing. Insurance companies aggressively pursue comparative fault arguments in rollover cases.
Common defense tactics include claiming you drove too fast, failed to wear your seatbelt properly, or were distracted. The burden of proof for comparative fault rests on the defendant. They must prove your negligence contributed to the crash, not just speculate about it.
Speed estimates become disputed in rollover cases. Defendants hire experts who use skid marks and vehicle damage to calculate your speed. We counter with our own experts who analyze the same evidence. Small differences in speed calculations can dramatically affect comparative fault percentages.
Contact Our Rollover Accident Lawyers in Celina
We’ve handled rollover cases throughout Celina and understand what evidence satisfies each element of proof. Our lead attorney’s insurance industry experience taught him which arguments adjusters use and how to counter them effectively. Our Team Bites Back when insurance companies try to avoid liability through legal technicalities.
Since 2018, we’ve built relationships with local judges, defense attorneys, and the legal community that help us advocate effectively. We work with accident reconstructionists, engineers, and medical professionals who provide the expert testimony needed to meet legal burdens of proof.
Contact us today for a free consultation with our Celina rollover accident lawyers. We’ll assess your case and help you get the compensation you need.
