Preserving evidence in a rollover accident
Rollover accidents are among the deadliest ones; however, proving liability in such cases is often difficult, especially if defective vehicle design was involved. In the unfortunate case you are the victim of a rollover accident, it is essential to establish what injuries occurred. In assessing the accident scene and determining what caused the vehicle to go sideways and roll over, any information is valuable. The scene itself, witness statements, and the wrecked car are vital sources of information.
The most important thing you must first do is receive or find medical assistance. These type of accidents result in serious injuries that most often are, also, permanent. Be sure to keep all the medical records.
The police will create a report. However, the police report is a general source of information.
If you are not incapacitated after a collision, it would be in your interest to collect evidence. Still, your state will not be an ideal one; you will be hurt and disorientated. If it is possible:
- Write down the names of any witnesses and keep their contact information.
- Take photographs of the vehicle or vehicles, the accident scene, and any visible marks.
- If other vehicles were involved, get all the information about the drivers, including the insurance name and policy number and the driver's license number.
Secure the car as soon as possible. The evidence may prove that:
- The rollover was triggered by a product defect, such as a tire blowing or defective breaks
- The vehicle had a stability defect
In the cases when you can prove that the vehicle's defects caused the rollover, you can make a claim for damages. However, causation is not always apparent, and it is often complex.
Even when the vehicle was not defective, it is still important to preserve the evidence, as you might be able to prove that the vehicle was not able to withstand predictable crash forces. For example, the vehicle's parts were inadequate:
- The roof collapsed into the safety zone of the interior of the vehicle
- The seat belt malfunctioned, being unable to prevent ejection.
- The door latch was ineffective, causing the door to open during the accident and contributing to injuries.
It is important to take and preserve evidence from the accident scene to prove that a road defect caused the rollover.
Proving liability in such cases is often difficult, especially if defective vehicle design was involved. If you have sustained severe personal injuries due to a rollover crash, you should contact our office as soon as possible bringing along all the necessary documents, including:
- Copy of the police report
- Copy of your medical records
- Pictures from the scene of the accident
- Contact details of the other driver and possible witnesses
- Documents attesting the costs of damages sustained by the vehicle
- Your medical bills related to the crash
- Documents certifying when and from where you purchased the vehicle
- Documents evidencing any previous repairs of the vehicle
As your case evolves, we might require additional documents. However, there is no need to worry in case you don't have all these documents: we can obtain most of them with your written agreement.