Car rollover accidents are one of the most serious types of car accidents that can occur. These accidents often result in very serious personal injuries and can sometimes lead to death for the drivers and the occupants of the involved vehicles. In fact, according to statistics, rollover car accidents are more likely to lead to death than any other type of car crash.
Although only 2.1 percent (approximately) of car crashes that occur result in a rollover, these types of accidents account for almost 35 percent of the deaths that occur in motor vehicle crashes where a passenger vehicle is involved. Also, in the majority of these instances (i.e., 69 percent, to be exact), the occupants of the vehicle were not wearing a car seatbelt.
In some instances, motor vehicle drivers who operate their vehicles in a negligent, reckless, or careless manner cause rollover accidents. If you are involved in a car rollover accident that a negligent driver caused, you may file a personal injury claim or lawsuit for all of the damages that you suffered in your accident.
In car accident cases, including accidents that involve rollovers, time is of the essence. Accident victims do not have an unlimited amount of time in which to file a claim or lawsuit for their injuries. These time limits, called statutes of limitation, vary from jurisdiction to jurisdiction. In some locations, accident victims may have as short as one year to file a claim or lawsuit arising from their accident. In other jurisdictions, the accident victim may have three or more years in which to file a lawsuit.
If you or someone you love has sustained an injury in a car rollover accident, an experienced car accident attorney can help. A lawyer may first investigate the circumstances behind the accident and determine who or what caused the vehicle to roll over. If another driver was at fault, your lawyer can bring a claim or lawsuit against the at-fault driver and pursue the damages that you deserve from the at-fault driver’s insurance company.
Common Causes of Car Rollover Accidents
There are many common causes of car rollover accidents that can lead to injuries and damages for all of the drivers and passengers who are involved in the accident. In some instances, a driver may lose control of his or her vehicle, causing the vehicle to careen off the road. In other scenarios, a driver may engage in reckless or distracted driving that violates the rules of the road in the jurisdiction where the accident happens.
Some of the most common causes of car rollover accidents include:
- Loss of vehicle control – One of the main causes of a motor vehicle rollover accident is a driver losing control over his or her vehicle. Losing control over a vehicle can come about when a driver falls asleep at the wheel or engages in distracted driving.
- Distracted driving – Distracted driving may involve using a cell phone to make calls or send text messages while driving, or paying attention to a tablet or other electronic device while attempting to drive a vehicle. When a driver loses control of the vehicle and collides with a curb, this movement can off-throw the vehicle, and the forward momentum can cause it to overturn. This is especially true when the collision with a curb occurs at a high rate of speed.
- Vehicle crashes that involve many vehicles – Although many car rollover accidents involve just one vehicle, in some instances, these accidents involve two or more vehicles. When one motor vehicle broadsides another motor vehicle, it may cause the first vehicle to roll and strike a guard rail, creating a ramp and causing the vehicle to turn over completely.
- Failing to understand the vehicle – While all vehicles have the potential to roll over under the right circumstances, some vehicles are more prone to rollover accidents than others. For example, according to statistics provided by the National Highway Traffic Safety Administration, pick-up trucks, vans, and sport utility vehicles (SUVs) have a higher potential for rollover accidents than sedans. This often has to do with the center of gravity. Drivers, therefore, should be careful to operate these vehicles at a reasonable rate of speed and should be aware of where and how they are driving these vehicles, in an attempt to prevent rollover accidents.
Steps to Take to Avoid Vehicle Rollover Accidents
In some instances, car accidents are unavoidable, and a variety of external factors, including other drivers, often play a role. However, there are certain simple steps that every driver can take to minimize the chances of causing a car rollover accident.
First, drivers must always ensure that they are not operating their motor vehicles while they are under the influence of drugs or alcohol. Doing so puts everyone else on the road at risk. Alcohol intoxication can lead to impaired judgment, vision, and coordination. Moreover, if a driver hits another vehicle or a curb at a high rate of speed, as a result of being intoxicated, a rollover accident can occur.
Next, motor vehicle operators should always watch their speeds and make sure that they are complying with all posted speed limit signs. Many vehicle rollover accidents involve one or more vehicles that are grossly exceeding the posted speed limit. It is also important that motor vehicle drivers adjust their speeds based upon the traffic and weather conditions. For example, even if the posted speed limit is 55 miles per hour, a vehicle’s actual speed may need to be much lower in rainy and snowy weather conditions, to avoid an accident (including a rollover accident).
Another important precaution to avoiding a car rollover accident is to refrain from engaging in distracted driving. Motor vehicle operators should not be using cell phones, tablets, or other electronic devices while they are operating their vehicles. Turning one’s attention away from the road can cause a driver to lose focus and collide with a stationary object or curb at a high rate of speed, resulting in a rollover accident.
Moreover, a motor vehicle operator should always be aware of the center of gravity on his or her vehicle, as well as the vehicle’s tipping potential. Drivers should then adjust their speeds and driving maneuvers accordingly, to avoid accidents, including rollover accidents.
What to Do if You Are in a Car Rollover Accident
If you are involved in a car rollover accident, there are certain steps that you should always take. First and foremost, you should remain calm, and if you feel you have been injured, try not to move within the vehicle. You should also determine if you are trapped inside the vehicle.
Next, if you are able, you should check on any passengers that may be in the vehicle with you and see if they are okay. It may also be a good idea to communicate with them until emergency help arrives. If you can all do so, you should exit the vehicle.
You should also make sure that you call for help. When you call 9-1-1, a police officer, fire truck, emergency medical technicians (EMTs), and other emergency responders will come to the scene of your accident. When the police officer arrives, you should speak with the officer about how the accident occurred and make sure that he or she completes a police report. Police reports are especially important if another motor vehicle operator caused the rollover accident. A police officer will assess who is at fault and can issue a citation to the at-fault driver, if necessary.
Following a car rollover accident, it is also essential that you seek emergency medical care and treatment as soon as possible. You can seek this treatment with a primary care doctor, or you can have the ambulance take you from the scene of the accident to a hospital emergency room. You should seek medical treatment even if you are uncertain as to the seriousness of your injuries.
An emergency room medical doctor can assess your condition, take the necessary imaging studies (such as X-rays and MRIs), and prescribe you with pain medication or other medication. The ER doctor will also likely make a recommendation for follow-up treatment. Follow up with your primary care doctor or a specialist, based upon the emergency room doctor’s recommendation.
Finally, after a car rollover accident, speak with a knowledgeable car accident lawyer about your accident and how it happened. Your lawyer can review the circumstances of your case, including the police report, medical records, and other documentation, and determine if you are eligible to file a claim against the at-fault driver who caused your rollover accident. If so, a lawyer can assist you with bringing a claim against that driver’s insurance company and can help you file a lawsuit against the driver, if necessary.
Who Is Responsible for a Vehicle Rollover Accident?
If you are a passenger in a vehicle rollover accident, you may file a claim or lawsuit against the driver of your vehicle, if that driver acted unreasonably under the circumstances. Similarly, if another motor vehicle driver behaved negligently, resulting in the rollover accident, then you may make a claim or file a lawsuit against that driver.
To bring a successful claim or file a successful lawsuit against another driver who caused a rollover accident, you must demonstrate that the at-fault driver behaved unreasonably under the circumstances. In cases where you can show that the at-fault driver engaged in distracted driving, was speeding, or was otherwise negligent, you may bring a successful claim for damages.
In addition to proving that the driver was negligent, you must show that you suffered one or more injuries in the car rollover accident and that these injuries directly resulted from the accident.
Recoverable Damages in Car Rollover Accidents
Car rollover accidents can result in extremely serious injuries, including traumatic head and brain injuries, soft tissue injuries, broken bones, fractures, internal injuries, and even death. If you can demonstrate that your rollover accident resulted from a driver’s negligent or unreasonable behavior, then you may file a claim for damages with that driver’s insurance company. The amounts and types of damages that you can recover, however, depend largely upon the extent of your injuries and the medical treatment that you receive.
Damages in car rollover accident cases can include compensation for all of your medical bills and treatment, lost earnings, lost earning capacity, pain and suffering, mental anguish, emotional distress, permanent disability, and loss of spousal support and companionship.
Also, in cases where the at-fault driver behaved in an extremely reckless or careless manner, such as by operating his or her motor vehicle while under the influence of drugs or alcohol, you may pursue punitive damages from the driver.
It is also possible that a car rollover accident may lead to an accident victim’s untimely death. When that is the case, the accident victim’s loved ones, or the personal representative of the accident victim’s estate, may file a claim for wrongful death damages. In those cases, the accident victim’s loved ones may recover compensation for loss of the decedent’s future earnings, pain and suffering that the decedent experienced up to the time of his or her death, and loss of the decedent’s companionship.
A Lawyer Can Help
A knowledgeable car rollover accident lawyer in your area will do everything possible to help you prove your claim successfully and pursue the maximum amount of compensation available to you following your accident. Contact a lawyer who can do this by filing a claim or lawsuit on your behalf, negotiating a favorable settlement in your car accident case, and, if necessary, taking your case to trial and pursuing a favorable jury award.
