Rollover Accidents: A Comprehensive Guide To Claims And Liability

Written By Alla Levin
September 26, 2022
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Rollover Accidents: A Comprehensive Guide To Claims And Liability

Accidents involving rollover vehicles have been on the rise in recent years. Rollover collisions are especially harmful because many vehicles are not built to withstand them.

These accidents can lead to severe injuries or fatalities. Serious injuries sustained in auto accidents involving rollovers may result in high medical bills and other liabilities. 

Auto accidents involving rollovers could be complicated. You might be able to make a rollover accident claim if someone else’s negligence contributed to the accident. In rare circumstances, the victims of the injuries may have a product liability claim against the automaker for marketing a hazardous vehicle without adequately alerting buyers.

Common Injuries

The Centers for Disease Control and Prevention (CDC) estimates that more than two million people suffer injuries in car accidents each year in the US. Although the injuries resulting from these incidents might vary greatly, there are a few common sorts of injuries that you might discover after an accident. A rollover collision may result in a variety of injuries, including:

  • Broken Bones;
  • Bruises;
  • Head Injuries;
  • Spinal Cord Injuries;
  • Brain Damage.

Compensation And ClaimRollover Accidents

Anyone hurt in an SUV (sport utility vehicle) rollover accident, including the driver, passengers, and other wounded parties, may file a personal injury claim against the person or entity at fault.

A driver at fault for the collision would be responsible for whatever harm they caused. An automobile part seller or manufacturer may be held accountable for damages if the flaw contributed to the collision.

The injured party can seek financial support in a personal injury or product liability case to compensate for their losses. Damages may consist of:

  • Medical and hospital bills;
  • Lost wages;
  • Vehicle repair or replacement;
  • Pain and suffering;
  • Future losses and expenses.

Determining Liability

Determining liability in rollover accidents is often quite complicated and complex. Primarily because a rollover accident can be caused due to both human error and manufacturing defects. However, common factors that usually determine liability, depending on the context, are:

Vehicle Defect

The plaintiff must not prove that the car manufacturer was careless to win a product liability lawsuit. In the event that an SUV is deemed to be a faulty product, the plaintiff simply needs to demonstrate that the SUV was flawed in the following aspects:

  • Manufacturing Defects;
  • Design Defects;
  • Warning Defects.

Road Condition

Most rollover collisions occur when the driver loses control of the vehicle. Consequently, poor road conditions can result in a car sliding to the side, hitting something, and tripping. Since poor road maintenance can be detrimental to road safety, it can be used as a determining factor in certain cases.

Driver Negligence

The driver’s actions heavily influence a rollover crash. For instance, your car could flip over if the turning radius is small at a fast speed or even if the turn is made too abruptly. Therefore, negligent driving habits like drinking and driving, texting while driving, and speeding can be used as factors to determine liability. 

Filing A Claim

Rollover accident victims may have the right to sue the following parties, depending on the specifics of the car crash:

  • Car manufacturers for selling dangerous vehicles to consumers;
  • Local or state government agencies for dangerous road conditions;
  • Negligent drivers may not have exercised the expected level of care.

Legal Assistance

Your insurance company will probably offer you an insurance settlement if you are in a car accident. However, most people find that auto insurance settlements do not provide enough money to meet their costs. There are instances where an insurance provider makes a meager settlement offer.

A rollover accident attorney will be able to represent you in such a situation and, if necessary, take your case to trial. Lawyers can assist you in avoiding many of the problems of managing your lawsuit since they have knowledge and experience navigating the legal system.

Auto Accidents Involving Rollovers: Final Thoughts

You might want to consider your legal rights if you or a loved one just experienced a rollover crash. You may be able to replace any lost wages, pay for high medical costs, and more by filing a rollover accident claim.

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