What is the difference between a vehicle rollover claim and an accident claim?
The primary difference between a vehicle rollover claim and an accident claim is that the circumstances surrounding each claim are different. A vehicle rollover claim is specifically related to an incident where a vehicle tips onto its side or roof, while an accident claim covers a more general type of incident where a vehicle suffers damage and/or injury. A vehicle rollover claim in West Virginia will usually deal with issues such as product liability, due to a defective vehicle part, or negligence on the part of a driver. Product liability claims must prove that an unsafe product caused the rollover, while negligence claims must demonstrate that the driver’s actions (or lack thereof) directly caused the rollover. If successful, a plaintiff may be awarded compensation for medical costs, lost wages, pain and suffering, and more. On the other hand, an accident claim in West Virginia may cover a variety of incidents involving two or more vehicles such as car accidents, motorcycle accidents, rear-end collisions, hit-and-runs, and more. A plaintiff must prove that the other driver was negligent or reckless in some way to be successful in this type of claim. Generally, the plaintiff is seeking compensation for medical bills, lost wages, property damage, and emotional distress. Overall, a vehicle rollover claim and an accident claim involve different kinds of incidents and have different legal requirements. It’s important for those involved in such incidents to understand the difference in order to pursue the proper form of legal action.
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