Rollover accidents rank among the most terrifying and potentially devastating types of vehicle crashes. If you suffered injuries or lost a loved one in a rollover accident someone else caused, you need to contact an experienced Rochester car accident lawyer in your area to learn of your options to seek compensation. While no amount of money can undo the trauma you've experienced, obtaining a proper settlement can alleviate financial burdens and allow you to focus on healing.
Read on to learn more about rollover accidents, their causes, and the types of injuries resulting from them. You can also learn about your legal rights and options for pursuing fair compensation and how an attorney can help. For specific advice and guidance regarding your situation, speak with a car crash attorney near you to help you understand your options and fight for the compensation you deserve.
Rollover Accident Statistics
Rollover accidents are a major safety concern throughout the country. According to historical data from the National Center for Statistics and Analysis (NCSA):
- Rollover accidents typically result in fatalities more than any other type of crash.
- Around 20% of all crashes are rollovers.
- Although the number of fatal rollover crashes involving cars has decreased, the number has increased for light trucks and SUVs.
- Speeding is a major factor in rollover accidents, as many rollover crashes occur on roads with a speed limit of 55 mph or more.
- Drunk driving is also a major cause of rollover accidents.
- On average, nearly two-thirds of vehicle occupants are completely ejected from the vehicle in a rollover crash.
The Insurance Institute for Highway Safety (IIHS) reports that 3,495 vehicle occupants died in rollover crashes in 2022. This accounts for 14% of all traffic fatalities that year. Additionally, around 60% of rollover fatalities occurred in multi-vehicle crashes.
Common Causes of Rollover Accidents
Rollover accidents occur when a vehicle tips onto its side or roof. While any vehicle can roll over under certain conditions, some factors increase the risk:
Vehicle Type and Design
Taller vehicles with a higher center of gravity, such as SUVs, pickup trucks, and vans, have an increased rollover risk compared to passenger cars. Their design makes them more prone to tipping in sharp turns or when hit from the side.
Speeding and Reckless Driving
Excessive speed, especially when combined with sudden steering maneuvers, significantly raises the chance of a rollover. Reckless behaviors like aggressive lane changes or driving under the influence also contribute to these accidents.
Road Conditions
Hazardous road conditions play a major role in many rollovers. Ice, snow, rain, and uneven road surfaces can cause a driver to lose control. Poorly maintained roads with deep ruts or sudden elevation changes also increase rollover risk.
Vehicle Defects and Tire Blowouts
A sudden tire failure at high speeds can lead to a loss of vehicle control and potential rollover. This may result from manufacturing defects, improper maintenance, or road hazards that damage the tire.
Understanding these common causes helps identify potentially liable parties in your accident. A thorough investigation by an experienced attorney can uncover all factors that contributed to the rollover.
Types of Rollover Accident Injuries
Rollover accidents often result in severe, life-altering injuries due to the violent nature of the crash. Common injuries include:
- Head and Brain Injuries: Concussions, traumatic brain injuries (TBI), and skull fractures frequently occur as occupants impact the vehicle interior or are ejected.
- Spinal Cord Injuries: The forceful motion of a rollover can cause devastating spinal cord damage, potentially resulting in partial or complete paralysis.
- Neck and Back Injuries: Whiplash, herniated discs, and other soft tissue injuries to the neck and back are common, even in less severe rollovers.
- Broken Bones: Fractures to arms, legs, ribs, and the pelvis often result from the impact forces involved in a rollover.
- Internal Injuries: Organ damage and internal bleeding can occur due to blunt force trauma or penetrating injuries from loose objects in the vehicle.
- Cuts and Lacerations: Broken glass and twisted metal can cause severe cuts, potentially leading to significant blood loss and scarring.
- Psychological Trauma: The terrifying nature of a rollover often leads to lasting emotional distress, including PTSD, anxiety, and depression.
The severity and long-term impact of these injuries underline the importance of working with an attorney to seek full and fair compensation for your medical treatment. This includes ongoing care and other accident-related losses.
Legal Considerations for Rollover Car Accident Claims
When pursuing a claim for compensation after a rollover accident, several legal factors come into play:
Statute of Limitations
Each state sets a time limit (statute of limitations) for filing a personal injury lawsuit. Failing to have a lawyer file suit for you within this window can result in losing your right to compensation. For example:
- Minnesota: 2 years from the date of the accident
- Wisconsin: 3 years from the date of the accident
- North Dakota: 6 years from the date of the accident
- Iowa: 2 years from the date of the accident
You must contact an attorney as soon as possible after the accident to protect your rights and begin the claims process.
Comparative Fault Laws
Many states, including Minnesota, Wisconsin, North Dakota, and Iowa, follow comparative fault rules. These laws allow injured parties to recover damages even if they bear some responsibility for the accident, as long as they're no more than 50% (or 51%) at fault. However, your compensation may be reduced by your percentage of fault.
An experienced attorney can help you understand how your state’s comparative negligence laws apply to your case. They can fight to minimize your assigned fault and maximize your potential recovery.
Potentially Liable Parties
Rollover accidents often involve multiple contributing factors, which means several parties may share liability:
- Other drivers whose negligent actions contributed to the crash
- Vehicle manufacturers, if a design flaw or defective part played a role
- Government entities responsible for road maintenance, if poor road conditions caused the rollover
- Tire manufacturers, if a tire defect led to the accident
Having an attorney identify all potentially liable parties ensures you pursue compensation from all available sources.
How to Know If You Have a Valid Rollover Accident Claim
Determining if you have a valid claim for compensation after a rollover accident involves several key factors:
- Negligence: Your attorney must show that another party acted negligently, leading to your accident. This could involve proving a driver's reckless behavior, a manufacturer's faulty design, or a government entity's failure to maintain safe roads.
- Causation: The negligent action must have directly caused or significantly contributed to your rollover accident and resulting injuries.
- Damages: You must have suffered actual damages, such as medical bills, lost wages, property damage, or pain and suffering.
As mentioned, you must have an attorney file your claim within your state’s statute of limitations. If the deadline has passed, you may be barred from obtaining compensation.
An experienced car accident attorney can evaluate these factors in relation to your specific case and advise you on the strength of your claim.
Getting Compensation After a Rollover Accident in New Hampshire
If you're recovering from injuries sustained in a rollover accident caused by someone else's negligence, your primary concern likely centers on obtaining fair compensation to cover your losses. Here's what you need to know about pursuing compensation through a personal injury claim:
Contact a Car Accident Attorney
This should be one of your first steps after receiving medical treatment. An experienced lawyer can:
- Investigate your accident to gather evidence and identify liable parties
- Handle all communication with insurance companies, protecting your rights
- Accurately calculate the full extent of your current and future damages
- Negotiate for a fair settlement or take your case to trial if necessary
Types of Compensation Available
A skilled attorney can help you pursue various forms of compensation, including:
- Medical Expenses: Coverage for all accident-related medical treatment, including future care needs
- Lost Wages: Reimbursement for time missed from work and reduced earning capacity
- Property Damage: Costs to repair or replace your vehicle and other damaged property
- Pain and Suffering: Compensation for physical pain and emotional distress
- Loss of Enjoyment of Life: Damages for diminished quality of life due to your injuries
- Wrongful Death: If you lost a loved one, compensation for funeral expenses, lost financial support, and loss of companionship
Insurance Company Tactics
Be aware that insurance companies often try to minimize payouts. They may:
- Pressure you to accept a quick, low settlement
- Attempt to shift blame onto you
- Dispute the severity of your injuries
An attorney levels the playing field and works to safeguard your rights and interests throughout the process.
Settlement vs. Trial
Most car accident cases settle out of court. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend taking your case to trial. They'll advise you on the best course of action based on the specifics of your situation.
Insurance Considerations
The insurance laws of your state also dictate damage coverage and the types of compensation you can receive. For instance, both Minnesota and North Dakota are “no-fault” insurance states. This means drivers must have personal injury protection (PIP) coverage. This pays for medical expenses and lost wages regardless of fault. However, serious injuries often exceed PIP limits, allowing you to pursue a claim against the at-fault party.
By contrast, states such as Iowa and Wisconsin are not no-fault auto insurance states. The driver primarily responsible for the crash is liable for all resulting damages.
Every rollover accident case is unique. You need to consult an experienced car accident attorney in your area to learn of the factors that can affect your compensation and determine the best options for securing the full compensation you deserve for your injuries and losses.
The Importance of Legal Representation
Hiring an attorney after a rollover accident significantly improves your chances of obtaining fair compensation. Here's why:
- Legal Knowledge and Experience: Car accident laws are complex and vary by state. An experienced attorney understands these nuances and how they apply to your case.
- Proper Valuation of Your Claim: Lawyers have the knowledge and resources to accurately calculate all your current and future losses. This helps ensure you don't settle for less than you deserve.
- Resources for Investigation: Law firms have access to accident reconstruction experts, medical professionals, and other resources to build a strong case on your behalf.
- Negotiation Skills: Attorneys are skilled negotiators who can effectively counter insurance company tactics and fight for your best interests.
- Trial Preparation: An attorney can prepare your case for trial and represent you in court, if necessary, to help you get the best outcome possible.
- No Upfront Costs: Most car accident attorneys work on a contingency fee basis. This means you pay nothing upfront, and they only accept attorney fees as a percentage of the compensation they obtain for you.
- Peace of Mind: With a lawyer handling the legal aspects of your case, you can focus on your recovery without the added stress of dealing with insurance companies and paperwork.
Contact an Experienced Car Accident Attorney Now
If someone else’s negligence or wrongdoing caused a rollover crash that injured you or a close family member, you likely have legal options for pursuing compensation. The experienced Rochester personal injury attorneys at Nicolet Law Accident & Injury Lawyers are ready to fight for your rights and the compensation you deserve.
We understand the considerable hardships you’re going through, and we’re committed to providing compassionate support and aggressive representation to improve your odds of getting maximum compensation. Contact Nicolet Law Accident & Injury Lawyers today for a free consultation about your case. We'll review the details of your claim, answer your questions, and advise you on the best path forward. Don't let the insurance companies take advantage of you during this vulnerable time, and don’t settle for less than your case is worth. Let us put our knowledge, resources, and dedication to work for you.