According to reporting from MySanAntonio.com, a very tragic incident occurred on the Wurzbach Parkway in late November. A man was heading west, at around seven in the morning, when he lost control of his vehicle and crashed into a guardrail on the side of the highway. The contact with the guardrail caused the man’s vehicle to rollover, and unfortunately, he died in the accident. Rollover accidents have the potential to be extremely dangerous. According to National Highway Traffic Safety Administration data, rollovers account for a disproportionate share of car accident deaths. If you, or your loved one, have been involved in a rollover accident, contact an Texas car wreck lawyer as soon as possible to protect your legal rights.
Negligence and Rollover Accidents
Negligence is the basis of Texas personal injury law. Successfully recovering compensation for your injuries requires proving that another party was negligent. Proving the legal concept of negligence requires proving each of four separate required elements. These are:
- Duty
- Breach
- Causation
- Loss
After a rollover accident you must first prove that another party had a duty to provide you with a certain standard of care. In the case of car accidents, this step can often be fairly straightforward. For instance, it is well accepted that all drivers on the road have a duty to everyone else on the road to operate their vehicles reasonably safely. It is also well accepted in Texas that car manufacturers have a duty to their customers to provide them reasonably safe vehicles. This means that all vehicles must meet certain safety standards, and this includes some standards that are aimed at preventing rollover accidents. After duty is established, your car accident lawyer must prove that the other party breached that duty. Proving a breach of duty is very case specific, and you will need to have a lawyer to comprehensively review the evidence in your case. The other party will generally fight breach the hardest, and many car accident cases come down to your ability to prove that a breach occurred. If you can prove duty and breach, then the final two steps are causation and loss. You must prove that the breach of duty was actually a contributing cause to your accident. For example, speeding is a breach of duty, but it would not matter if the other driver was speeding ten minutes before your accident occurred. You need to prove that the speeding (breach) had a direct relation to your accident. If you can prove causation you will need you show all of the losses that you sustained so that you can receive full compensation for those losses.
Contact An Experienced San Antonio Car Accident Lawyer
Getting full and fair compensation for your injuries can always be complicated and challenging. This is especially true after a rollover car accident. Many different parties may be liable in this type of accident and you need experienced professional representation to make sure that you do not put your legal rights at risk. At the Law Offices of Ronald A. Ramos we have decades of experience fighting for car accident victims. If you have been injured in a Texas rollover car accident, contact our office today to set up a free legal consultation.
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