Rollover Accident – Victim’s Guide for Legal Recovery

While rollover accidents are rare when compared to other car accidents like frontal collisions, side impacts and physical rear-end wrecks, the dangers to the occupants can be extremely high. During a rollover, every safety system is taxed to its limits. The seat belts, door locks, roof pillars, and airbags all must work flawlessly to help protect an occupant. As the vehicle rolls, the persons inside are thrown around like a rag doll often striking hard surfaces, being hit out of position by an airbag, being partially ejected or even fully ejected and killed or maimed along the highway.

These are all common sceneries that the Car Accident and Rollover Accident Lawyers at the Willis Law Firm have reviewed during the investigation of 1000’s of rollovers and represented 100’s of car accident and rollover injured clients and families in car accidents, crashes, tire defects, and other auto product liability cases over the last 40+ years of law practice.

 

 

According to the National Highway Traffic Safety Administration (NHTSA), rollover accidents cause over 10,000 deaths every year and account for the highest percentage of deaths. Although rollovers make up less than 3 percent of all passenger vehicle accidents, they account for almost thirty-five percent of all highway fatalities, according to the Insurance Institute for Highway Safety (IIHS) resulting in the deaths of more than 10,000 people per year, according to NHTSA (National Highway Traffic Safety Administration). Sadly, sixty-nine percent of the individuals killed were not wearing safety belts and impacted hard non-energy absorbing structures inside the vehicle or were ejected.

Causes of Rollover Accidents

Rollover accidents happen in 100’s of different ways. In applying basic physics rollover happens with the vehicle and driver lose directional stability whether by sudden braking or steering inputs or sudden loss of control due to road conditions like heavy rain, icy roads or sudden black ice all causing the vehicle to start to move perpendicular to the direction of travel causing it to jaw sideways and trip on the tire rim, off into the median and pavement changes or onto the grass or gravel shoulder. When the rollover begins, the driver is helpless to regain control and must wait out the energy dissipation from the multiple rolls or impact into a tree, dirt back or pole.

Some external factors can also precipitate a rollover crash include:

• Deer or animals entering the road
• Road hazards or Objects
• 3rd party vehicle crossing over the center line
• Failure to negotiate sharp turns
• Overloaded or improperly loaded cargo
• Hazardous road conditions
• Vehicle getting hit or clipped
• High winds
• Speeding
• Driver Inattention
• Texting
• Fatigue

Injury Causing Defects in Rollover Accidents

• Roof crush or Roof Collapse
• Seatbelt Failure to Prevent Excessive Slack in Belts
• Door lock Opening or Latch Failures
• Improper airbag deployment,
• Non-Deployment of Airbag or Excessive Takata Airbag Explosion
• Lack of Electronic stability control (ESC)

Tire Failure & Blowouts – Major Causes of Rollovers

 

 

Sudden tire failures and blowouts can often cause the vehicle and its driver to lose control. At highway speeds this can be devastating . This is particularly troublesome when it occurs on a back tire causing the back end of the vehicle to swing out and the driver to lose control.

 

Tire Failures Resulting in Rollovers can Occur From:

• Tread Separations
• High Speed Tire Blowout Accidents
• Tire Bead Failure
• Past Repairs to Tire
• Sidewall Failure
• Underinflation
• Failure of Tires That Appear New Road Worthy or even Sold as New
• Overloaded Tires

Defective Tires & Rollovers

Tire defects from the tire maker are yet another possible cause of sudden tire failures and tire blowout accidents. A tire is defective when designed or manufactured. Some tires are made without needed safety plies to prevent delamination or separation, as such are defective. Other tires are defective due to the tire-making process, whether the tire was cured too high of temperature, contaminated or other acts of negligence by the manufacturer. In other words, they are defective before even being sold. They are like a fuse lit on a bomb waiting to explode or fail, as it is just a matter of time.

Tire Blowouts Can be Due to Poor Maintenance or Repair at a Tire Shop or Dealer

Tires that have recently undergone repair at a shop might may occasionally blow out. Repair and maintenance shops for cars are required to perform their work professionally. This involves putting the correct size tires on the particular car or truck and not excessively high tires that can create a higher center of gravity and more rollover prone. A tire shop or auto repair company may be held negligent for any accidents or injuries caused by their neglect or carelessness if they do not install or repair tires correctly. Tire manufacturers and tire experts agree, that old tires even if they look new can fail and fall apart at highway speeds, especially during the hot summer months. Old worn out tires shouldn’t be repaired and put back onto the highways, nor should a repair shop, dealer, or inspection station overlook the dangers of older tires or worn tires and just “pass a blind eye”

Tire Defect Rollover Investigation

Determining whether a tire defect caused a blowout and rollover is no easy job. It requires rollover causation engineers and tire experts to inspect the tire inside and out, x-ray the tire for internal defects and do tire recall research as to other tires with similar problems. Willis has been handling tire defect cases since the mid 1990’s. In fact in 2002, Willis was awarded the National Steven Sharp Public Service Award for his work on uncovering evidence that led to the recall of over 10 Million Ford Explorers and Firestone Tires. Willis prides himself in fighting the Big Corporations that Hurt Consumers.

Common Rollover Injuries

Rollover crashes are often associated with serious and catastrophic injuries, due to the extreme energies and forces exerted on the body during the roll. Contact with the A-Pillar, B-Pillar, door, dash, windshield, and roof structures is dangerous in any crash, but especially in a rollover. If the seatbelt system doesn’t hold the occupant then the person tight, then they can get out of position and contact a dash or pillar, or even more frightening is being too close to the airbag when it explodes.

 

Eye injuries, orbital fractures, and head and cervical injuries are all too common in airbag inflations. The rule for rollover injury prevention is simple, “keep the occupant inside the safety or survival zone.” This is done by seatbelts with pre-tensioners, airbags in the dash, seat, door, roof curtain, and knee bolsters and other energy-absorbing surfaces and equipment. Other rollover injuries may include:

• Traumatic Brain Injuries (TBI)
• Brain Bleeds,
• Spinal Cord Injuries (SCI)
• Head injuries
• Cervical Neck Injuries
• Internal bleeding
• Traumatic Amputations
• Blunt force trauma to the Head or Chest
• Road Rash, Cuts, or Severe Lacerations
• Loss of limb from Partial Ejections
• Positional Asphyxia or Suffocation

If you or a loved one has been seriously injured or killed in a rollover accident, it is important to talk with an experienced rollover accident lawyer with 40+ years of handling rollover and car accident cases against auto manufacturers, tire manufacturers, car dealers, insurance company adjusters, and lawyers, and against the negligent drivers causing these accidents.

Common Questions from Rollover & Car Accident Victims

Q: After the car accident should I give a recorded statement to my own Insurance Company?

A: After any injury-causing car accident or rollover, it is usually best to at least consult with an auto accident lawyer about any car accident claims that you have before talking with an agent of an insurance company.

Q: Does a car accident attorney need to be on the phone with me during a telephone interview regarding my personal injury claim?

A: It’s always best to consult with a personal injury attorney regarding your car crash, outstanding medical bills, lost wages or any serious injury claim in which you are seeking to recover compensation in a fair settlement out of court or against the at-fault driver.

Q: In serious injury cases with traumatic brain injuries or spinal cord injuries with high medical expenses and lots of future medical treatment and care and serious injuries, will the legal team of personal injury attorneys do a reconstruction at the accident scene and file a personal injury lawsuit?

A: In cases with serious spinal cord and head injuries, your personal injury lawyer will order the police report, and medical bills and investigate the facts of the car wreck, visit the scene where the accident occurred, and determine liability regarding the suffered injuries. If the car accident claim is against a driver with “deep pockets” or with sufficient insurance, then the attorneys will seek compensation and a fair settlement out of court by way of filing a lawsuit against the liable parties in the car crash.

Q In a rollover claim, can we sue the driver of our own vehicle due to the car crash along with the vehicle maker?

A: Yes, often the driver is involved in a product liability suit where the vehicle flips. Sometimes suits are brought due to a drunk driver, aggressive driving, distracted driving or just common negligence. The vehicle maker, tire manufacturer, airbag producer and any other at fault party can be included.

Q: In a rollover or a car accident case do most personal injury lawyers take these cases on a contingency fee contract?

A: Yes, due to the cost of litigation, most injured clients and other crash victims in a car accident case must find legal representation to file a lawsuit against the at-fault party for negligence, distracted driving, medical care and property damage against the at fault drivers and vehicle manufacturers and any insurance provider to pursue compensation for the injured party including non economic damages and all economic damages as well.

Q: What is the accident is the fault of a uninsured driver with no hope of getting a financial recovery against them. Can we file a personal injury claim in car accident cases with no insurance on either driver?

A: When neither of the drivers have any insurance to satisfy a car accident claim, the accident victims often have to seek compensation through small claims court. Without insurance on behalf of the bad driver involved, fair compensation is often hard to collect. Even if you believe the other driver is without insurance, it is still best to seek out an auto accident lawyer and ask for a free consultation.

Q: Do car accident attorneys work with medical professionals in cases where their clients do not have any medical insurance for treatment. Yes in some instances the car accident lawyers can seek out a letter of protection form your treating doctors so that you can still receive injury care. The when the car accident settlement is concluded the medical professional with be compensated.

Q: If the accident resulted from the aggressive driving of hit and run driver, who can I collect compensation from for my bills and non-economic damages and other expenses that the accident caused. If you or the driver may be able to go against your own insurance company under the underinsured or uninsured portion of your policy or if your driver was at fault, then against them for your car accident injuries. In car accident cases like this, its always best to talk with a car accident lawyer as soon as possible.

Q: Does a car accident lawyer need to be board-certified to represent me against the insurance company and help me seek a car accident settlement.?

A: No certification is not needed for car accident lawyers who have the skills and background to represent car accident victims .

The Legal Process After the Rollover Crash

While the rollover victims are attempting to recover from their injuries, often they are too busy with medical tests, surgeries, and rehab to be able to gather the needed evidence and work that is essential to success in a court of law.

Having investigated 1000’s of rollover accidents over 40+ years, Willis a top rollover and car accident attorney in the nation understands what is needed to protect the client’s legal rights and help pursue a product liability case. Once contacted and hired by victims we immediately:

• Obtain The Police Accident Report
• Retrieve Scene Photographs from Witnesses, The Police, and Insurance Companies
• Have an Accident Investigator visit the scene, take more pictures, obtain witness statements
• Find and Preserve the Vehicle, Tires, and other Parts Associated with the Crash
• Consult and Hire Engineers, and Experts
• Order Medical Records and Billings Records
• Prepare and File a Negligence & Product Liability Lawsuit
• Begin the Litigation Process and Push the Case toward trial or settlement.

Contact an Experience Rollover Lawyer – Free Consultation

If you or a loved one is a rollover accident victim, please call us for a free case review. We have reviewed 1000’s of rollover crash accidents for injured clients and lawyers too. We have immediate access to rollover experts, engineers, metallurgists, and accident reconstructionists to consult with on your case. Our experienced team of defective product and car accident attorneys can often give you our opinion after reviewing the basic facts and evidence in your case and consulting with experts many times in 24-48 hours or less from your initial call.

Contact our law office today to get started on your rollover auto accident case.

Call 24/7 at 1-800-883-9858