Car accidents of all kinds are frightening and have the potential to end with serious damage to the involved parties. When these accidents involve one or more rollovers, the result can be particularly dangerous. Any time a car tips on its side and roof, the passengers could suffer hits from all directions and incur unique injuries. The initial cause of the rollover is important to note in order to determine the type of lawsuit that needs to take place.
The National Highway Traffic Safety Administration (NHTSA) conducted a study finding that nearly 85 percent of rollover accident fatalities resulted from single-vehicle crashes and that 90 percent of these single-vehicle crashes occurred while the driver was performing routine driving maneuvers. That means driver error factors such as speed, distraction and intoxication were typically the cause of rollovers rather than collisions with other vehicles on the road. Over-steering caused many rollover accidents as the driver attempted to move out of the way of an animal or another car.
Some vehicles are more susceptible to rollover accidents than others. Vehicles with low centers of gravity, such as sedans, have a low chance of rollover, while tall, narrow trucks and SUVs are more commonly seen in rollovers. In fact, studies show there are nearly three times more rollovers with SUVs than any other car. This means that, in some cases, plaintiffs can link the cause of the accident to the design of the vehicle itself rather than the driver’s behavior. Other vehicle defects, like a blown-out tire, overheating engine, or faulty brakes could also cause rollovers.
The cause of the rollover determines what type of liability claim to file to recover damages. Depending on who is at fault, your attorney will file different claims. In some cases, more than one party is at fault, requiring the filing of multiple claims. Hiring a personal injury lawyer can help you identify the appropriate parties and keep track of many claims at once.
Anyone operating a vehicle assumes a duty of care for the passengers and other vehicles on the road. If they breach this duty by speeding, drinking alcohol or checking their cell phone under the right conditions, it could result in a rollover accident. The court considers this negligence. If you received an injury from a rollover accident caused by a negligent driver, you will need to prove the driver’s duty and breach of duty to make your case.
If you can link the rollover to an unsafe design, faulty manufacturing, or incorrect marketing of the vehicle, a product liability lawsuit is appropriate. As mentioned, taller vehicles with a high center of gravity have a design that is more susceptible to rollover accidents. If there is a lack of adequate safety features to account for this increased risk, such as roll bars and cages, a product liability case could be appropriate. Some plaintiffs offer comparative accident statistics in court to prove the increased rollover risk of SUVs.
In rare cases, you can use a premise liability lawsuit for a rollover accident. Premise liability applies if road conditions such as potholes, unusually high speed limits, or poor lighting caused the accident. On public roads, the government is responsible for these conditions, which can make for a tricky case. You will have to file a claim with the government, and there is only a small window of time in which to do so. The help of an attorney can ensure you do this in the proper fashion.
At Knutson+Casey, we want to see you thrive. If you or a loved one suffered from a rollover accident, our lawyers can help you recover compensation for medical bills, lost income and any other damages incurred. Call us today for a free consultation.