How Legal Claims Work for Rollover Accidents

Key Points:

• Rollovers often happen as a result of speeding
• They can happen anywhere and at any time of day
• Rollovers tend to be single-vehicle accidents
• Rollovers can lead to severe injuries and even fatalities
• It can be challenging to receive a fair settlement in a rollover crash

Imagine not just hitting another car, but actually flipping over. It’s a terrifying scenario that can happen in an instant, anywhere, anytime. Oddly enough, rollover accidents don’t always involve another vehicle. While most vehicles are safe, some are more likely to roll over due to design flaws. Understanding which vehicles are at risk and why can help in preventing these types of accidents.

Table of Contents

What is a Rollover Accident?

A rollover accident is when a vehicle rolls onto its side or roof, which can be more lethal compared to other collision types. They occur due to driver errors and other factors, such as when a vehicle may “trip” over obstacles like curbs or potholes. High-speed turns are also a cause as centrifugal force may push the vehicle outward, especially in taller vehicles like SUVs and trucks with higher centers of gravity.

Loss of control due to speeding, abrupt swerves, or aggressive driving often leads to rollovers. A side collision or a vehicle tumbling down an embankment can also result in a rollover. Even improperly loaded or secured cargo can throw a vehicle off balance during quick maneuvers.

Understanding the dynamics of rollover accidents is crucial for investigators. Factors like vehicle design, speed, road conditions, and cargo load can increase the likelihood of a rollover. Thorough accident scene analysis and reconstruction is needed to determine the cause of these accidents.

What Can Happen in a Rollover Accident?

Rollovers can happen when something throws the vehicle off balance. There are two types, tripped and untripped. Causes of tripped rollovers include bumps, curbs, or another car. If a vehicle takes a sharp turn too fast, that can cause an untripped rollover. SUVs and trucks are more at risk when turning because they have a higher center of gravity, meaning their greatest weight sits further from the ground.

As a vehicle tilts, gravity pulls it down. At the same time, inertia pushes it forward while the suspension tries to fight the tilt. When all this happens, the vehicle might roll onto its side, flip completely upside down, or tumble end over end.

The distance the vehicle may travel while rolling (roll distance) depends on its speed, the terrain, and how many flips it does.  

While rollovers can happen anywhere, they are more common on rural roads with higher speeds and undivided lanes.

The mechanics of a rollover accident, as we discussed, rely on a vehicle losing equilibrium and tipping over. If the conditions are right, this can occur on various roads and even in parking lots – because of several factors including, not only the type of vehicle, but also the behavior of the driver, such as speeding, driving recklessly, or making abrupt maneuvers. Also important are road hazards like potholes, uneven pavement, speedbumps and curves, all of which can initiate a rollover.

While some locations are higher risk, the possibility of a rollover accident cannot be completely discounted anywhere you drive.

Rollover accidents are more likely to happen in two main types of locations:

Rural roads with higher speed limits: According to the National Highway Traffic Safety Administration (NHTSA), nearly 75% of fatal rollovers occur in rural areas on roads where the speed limit is 55 mph or higher. These roads often tempt drivers to travel at high speeds, which increases the risk of losing control and experiencing a rollover.

Roads with undivided lanes: These roads typically have vehicles traveling in both directions merely a few feet apart. If a driver needs to swerve to avoid a collision or another hazard, they may lose control and roll over, especially on roads without shoulders or a wide median.

Is there any data out there about rollover accidents?

Data sources and studies on rollover accidents paint a troubling picture. Here’s a summary of key takeaways:

Prevalence: Rollover accidents, though less frequent than other crashes, are particularly dangerous. The NHTSA reports that while they only make up about 2% of all crashes, they account for approximately 30 percent of traffic deaths in the US.

Severity: The risk of fatality is significantly higher in rollovers compared to other crashes. This is due to the vehicle’s crushed roof and potential for the ejection of passengers and the driver.

Contributing Factors: Studies reveal several key factors that increase the risk of rollovers:

• Driver behavior: Speeding, aggressive maneuvers, and driving under the influence are all significant contributors.
• Vehicle design: SUVs and trucks with higher centers of gravity are far more likely to rollovers than cars.
• Road conditions: Uneven pavement, potholes, curbs, and drop-offs can all act as trip points that initiate a rollover.
• Improper loading: Unsecured cargo that shifts during a sudden movement can disrupt the vehicle’s balance and lead to a rollover.

Teen drivers, older adults, and occupants who are not securely buckled in are at a higher risk of serious injury or death in rollovers

How is Fault or Liability Determined in a Rollover Accident?

Georgia employs a modified comparative fault system for determining liability in accidents. This approach allows you to claim damages even if you’re partially at fault, provided your share of the blame is less than 50%. For instance, if you are 30% responsible for an accident, you can still recover 70% of the total damages from the other party involved.

The amount of compensation you receive is directly influenced by your percentage of fault. Thus, accurately establishing fault through a detailed investigation is crucial, especially in complex cases like rollover accidents. These investigations must consider various factors and evidence to pinpoint responsibility accurately.

Why Single-Vehicle Rollovers Are More Common: Single-vehicle rollovers are often more frequent due to factors like driver behavior and road conditions. Yet, rollovers can occur in multi-vehicle scenarios too. Practicing safe driving and staying vigilant can help reduce the risk of rollovers.

Key factors contributing to rollovers include:

Driver behavior: Speeding, aggressive driving, impairment, or distraction can increase the risk of a rollover.

Vehicle condition: Mechanical failures or improperly secured loads can cause rollovers.

Roadway conditions: Uneven pavement or missing guardrails can show negligence by those responsible for road maintenance.

These factors are just some of the reasons for rollover accidents. You can do your part by recognizing the importance of careful driving and regular vehicle checks.

Can a Rollover Accident be Initiated by Another Vehicle Without Contact Being Made?

A rollover accident can be initiated by another vehicle even if there is no physical contact between the two vehicles. This falls under the category of a “no-contact accident” where another driver’s actions cause your vehicle to swerve or maneuver in a way that leads to a rollover.

Some of the ways this can happen is when you make sudden lane changes, follow too closely, or engage in reckless driving.

Challenges of No-Contact Rollover Claims:

Proving fault in a no-contact rollover accident can be especially challenging because there’s no physical evidence of a direct collision. By carefully documenting the scene, collecting witness statements, and consulting a lawyer, you can increase your chances of holding the liable party accountable for your injuries and damages.

Which Traffic Laws Might Be Broken in Rollover Accidents?

It’s important to remember that not every rollover accident will be the result of someone breaking the law. However, here are some traffic laws that, when ignored, can increase the risk of a rollover:

• Speeding: Exceeding the speed limit is a major cause of rollovers. Higher speeds make it hard to control a vehicle during sharp turns and sudden maneuvers.
• Aggressive Driving: Erratic lane changes, tailgating, and reckless driving can increase the chance of losing control of a vehicle and rolling over.
• Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs reaction time and judgment making it difficult to respond to situations that might trigger a rollover.
• Distracted Driving: Taking your eyes off the road to use a phone, eat, or attend to distractions can delay your reaction time and make it harder to avoid situations that could lead to a rollover.
• Improper Use of Safety Features: Not wearing a seatbelt can lead to being thrown out of the vehicle during a rollover, which significantly increases the risk of severe injuries or death. Also, improper use of cruise control can prevent you from making quick adjustments to maintain control of the vehicle on curvy roads.
• Overloading a Vehicle: Exceeding a vehicle’s weight capacity or improperly securing cargo can disrupt its balance and make it more likely to roll over during turns or sudden maneuvers.

In addition to these specific violations, any behavior that can cause a sudden loss of control such as drowsy driving, driving while fatigued, driving too fast for road or weather conditions, or not following the rules of the road can make it difficult to react quickly to road hazards and can increase the risk of a rollover.

It’s important to remember that following traffic laws and practicing safe driving habits are crucial in preventing rollover accidents.

What Types of Injuries are Common in Roll Over Accidents?

Rollover accidents are particularly dangerous because of the violent tossing and/or tumbling movements involved. This can lead to a wide range of injuries, some more severe than others. Common types of injuries sustained in rollover accidents include but are certainly not limited to:

• Head and Neck Injuries: The sudden impact and flailing motion during a rollover can cause serious injuries to the head and neck. This includes concussions, traumatic brain injuries (TBI), whiplash, neck sprains, and even spinal cord damage.
• Broken Bones: The force of the rollover can cause fractures in various bones throughout the body, including limbs, ribs, pelvis, and even facial bones.
• Internal Organ Damage: The blunt force trauma from a rollover can damage internal organs like the lungs, liver, spleen, or intestines. These injuries may not be immediately apparent but nevertheless, require prompt medical attention.
• Lacerations and Abrasions: Broken glass, flying debris, and contact with the vehicle’s interior can cause cuts, scrapes, and abrasions.
• Ejection: If someone is not buckled in properly, they can be ejected from the vehicle during a rollover, which significantly increases the risk of severe or fatal injuries.

If you or someone you know has been involved in a rollover accident, it’s crucial to seek immediate medical attention to diagnose and treat any injuries even if you think you’re not badly injured.

For Rollovers is the Accident Scene Examinable for Use of Evidence?

Yes. A rollover accident scene can be a valuable source of evidence for an accident claim, but you must act fast in order to document the scene thoroughly since accident debris is often cleared away quickly. As in all accidents, the gathering of pertinent evidence is crucial.

• Evidence Gathering: Accident scene evidence: Physical evidence from the scene (skid marks, debris, vehicle damage) along with witness statements and the police report all play a crucial role.
• Vehicle data recorders: Modern cars may have data recorders that capture speed, braking, and steering inputs before the crash, offering valuable insights into driver actions.
• Driver history and qualifications: Driving records of those involved can be checked for prior offenses or relevant certifications (e.g., commercial truck driver’s license).
• Vehicle maintenance records: Maintenance records can reveal any pre-existing issues with the vehicle that might have contributed to the rollover.
• Physical Evidence: The length, direction, and type of skid marks can indicate speed, direction of travel, and driver actions leading up to the rollover.
• Vehicle damage: The location and severity of damage on the vehicles involved can provide insight into the direction and cause of the rollover.
• Additionally, debris, damage to the road or nearby objects, and the final resting position of the vehicle(s) can all be analyzed and the scene reconstructed by an accident investigator.
• Witness Accounts: Witness statements can be crucial evidence. Ask for their contact information at the scene so you can document their perspective in your claim.
• Traffic camera footage: If there were traffic cameras nearby, the footage might show the events leading up to the rollover.
• Data recorders (black boxes): Many modern vehicles have data recorders that capture information like speed, braking, and steering inputs. This data can be helpful in reconstructing the accident.
• Police Report: The police report will detail the responding officer’s observations of the road conditions, weather, damage to vehicles, and statements from those involved. It serves as an official record of the accident.

Will my lawyer examine the accident scene?

Your legal team will use the evidence collected to better understand the dynamics of the accident. They will use this to build your claim and, if necessary, a legal filing.

• How My Legal Team Uses the Evidence: Accident reconstruction: By reviewing the evidence, your legal team will outline how the accident happened and assign fault to the responsible party.
• Support your claim: Evidence supports your claim by showing the cause of the accident and the resulting damages.
• Negotiations: A strong case with clear evidence helps your legal team during negotiations with insurance companies.
• Court case: If the initial negotiations fall through, your lawyer will present the evidence in court.

Remember, the more comprehensive the evidence you have collected from the scene, the stronger your claim will be. If you’ve been involved in a rollover accident, it’s a good idea to consult with a personal injury attorney to discuss your case and the evidence that can be used to support it.

Since roll overs are known to have intense injuries, do lawyers often call in accident reconstruction specialists?

Yes, lawyers involved in rollover accident cases, especially those with serious injuries, often call in accident reconstruction specialists. Here’s why:

• Rollover Accidents can be Complex: Rollover crashes can be more difficult to analyze than other types of accidents. The forces involved, the sequence of events leading to the rollover, and the contribution of various factors all require careful examination. An accident reconstruction specialist has the expertise to sort out these factors and provide a detailed explanation of how the accident happened.
• Severity of Injuries: Rollover accidents tend to cause more severe injuries due to the violent tossing motion and the potential for ejection. The higher stakes involved in these cases often want the additional expertise of an accident reconstruction specialist. Their findings can be crucial in demonstrating the cause of the accident and securing fair compensation for the victim’s injuries.
• Strengthening Your Claim: A well-constructed accident reconstruction    report supported by a specialist can significantly strengthen your legal case. It provides objective evidence to counteract potentially misleading suggestions from the at-fault party’s insurance company and increases your chances of a successful outcome.
• Expert Witness in Court: If your case goes to court, the accident reconstruction specialist can act as an expert witness. They can explain their findings to the judge or jury in a clear way, strengthening your case against the liable party.

Here are some additional factors that might influence a lawyer’s decision to involve a reconstruction specialist:

• Dispute over Fault: If there’s significant disagreement about how the accident happened and who is to blame, a reconstruction specialist’s objective analysis can very helpful in resolving the dispute.
• Complexity of Scene: Accident scenes with multiple vehicles involved, unusual road conditions, or unclear evidence might require the specialist’s expert information to untangle the sequence of events.
• Potential for High Settlement: In cases with potentially high settlements due to severe injuries, the cost of hiring a reconstruction specialist might be justified by the increased compensation you could receive.

Overall, while not every rollover accident case requires a reconstruction specialist, their expertise can be invaluable in complex cases with severe injuries.

Are rollover accidents pretty straightforward?

Rollover accidents are generally not considered straightforward. Here’s why:

• Complex causes: Unlike some collisions where blame might be clear-cut (e.g., rear-end collision), rollovers can involve a combination of factors: driver behavior, vehicle characteristics, and road conditions. Determining the exact cause and assigning fault can be complex.
• Multiple parties involved: While most rollovers are single-vehicle incidents, they can also involve multiple cars, adding another layer of difficulty to assigning blame.
• Severity of injuries: Rollover accidents are known for causing more severe injuries due to the violent tossing motion and potential for ejection. The higher stakes involved often lead to more thorough investigations and potentially longer legal processes.
• Accident reconstruction: In many cases, especially those with serious injuries, accident reconstruction specialists are employed to analyze the scene, establish the sequence of events, and provide a detailed explanation of how the accident happened.

Even though rollover accidents might seem like a straightforward event, understanding the cause, assigning fault, and seeking compensation can be challenging.

What are common types of negligence in rollover accidents?

Depending on the circumstances, fault can fall on several parties. Common forms of negligence that can contribute to a rollover are:

• Driver Negligence: Speeding: Speeding is a major cause of rollovers. Higher speeds make it hard to control the vehicle during turns, sudden maneuvers, or when traveling on uneven pavement.
• Aggressive driving: Erratic lane changes, tailgating, and unnecessary risks all increase the chance of a rollover accident.
• Impaired driving: Driving under the influence of alcohol or drugs impairs reaction time and judgment.
• Distracted driving: Taking your eyes off the road to use your phone, eat, or change the radio station can make it hard to avoid situations that could lead to a rollover.
• Improper use of safety features: Not wearing a seatbelt or using cruise control inappropriately can lead to a rollover accident and increase the chance you’ll be injured.
• Vehicle Negligence: Manufacturing defects: Some vehicles have faulty designs, a high center of gravity, or manufacturing defects that can contribute to a rollover.
• Improper maintenance: Issues like worn tires, faulty suspension, or steering problems can compromise your vehicle’s stability.
• Overloading: Going over a vehicle’s weight capacity or improperly securing cargo can make a vehicle more prone to rolling over during turns or sudden maneuvers.
• Roadway Negligence: Poor road maintenance and hazards like uneven pavement, potholes, large cracks, or missing shoulders can potentially trigger a rollover.
• Lack of guardrails: Missing guardrails in high-risk areas can be considered negligence.
• Improper signage: Inadequate or unclear warning signs for upcoming road hazards can make it difficult for drivers to adjust their speed or driving actions in time to avoid a rollover.

Remember, negligence can be a shared responsibility. A driver speeding on a poorly maintained road might share fault with the government agency responsible for maintaining that road.

What Are the Legal Challenges of Rollover Claims?

Here’s a summary of some of the key difficulties you may encounter with a rollover claim:

• Complexity of Cause: Unlike a simple rear-end collision where fault is clear, rollover accidents can involve various factors. These can include driver error, vehicle issues, and road conditions. Pinpointing the exact cause and assigning fault requires a thorough investigation.
• Data Collection and Evidence: Skid marks might be less apparent due to the vehicle’s orientation after rolling and witnesses may not see everything due to the overturned vehicle. Data recorders in newer vehicles can be helpful, but not all vehicles have them.
• Severity of Injuries: Victims of rollover accidents often have more severe injuries due to the violent tossing motion and possibly being ejected from the vehicle.  
• Multiple Potentially Liable Parties: In some cases, there might be more than one party responsible for a rollover accident. For instance, a driver speeding on a poorly maintained road could lead to a claim against both the driver and the government agency responsible for road maintenance. Identifying and holding all liable parties accountable adds complexity to the case. Additionally, because more involved vehicles can mean dealing with more involved insurance companies, negotiating a full and fair settlement can be more difficult.
• Product Liability Issues: If a vehicle malfunction (e.g., faulty brakes, suspension problems) contributed to the rollover, the lawyer might need to involve product liability specialists to investigate potential manufacturing defects and build a case against the automaker. This adds another layer of complexity.
• Public Perception: There’s a misconception that rollovers are caused solely by driver error (e.g., speeding). Overcoming this bias and demonstrating how other factors might have contributed to the accident can be an   additional challenge for the lawyer.

Consulting with an experienced lawyer as soon as possible after a rollover accident is crucial. The lawyer can advise you on evidence preservation, navigate complex legal issues, and fight for your rights throughout the process. While rollover accident claims can be challenging, an experienced lawyer can help navigate the complexities, gather the necessary evidence, and fight for the compensation you deserve.

Can Rollover Accidents be Prevented?

Rollover accidents can be prevented by carefully following the rules of the road including adhering to speed limits, not driving while impaired, maintaining appropriate distances between vehicles, and avoiding sudden, abrupt maneuvers. Also, by being aware of road hazards like potholes, bumps, curbs, ditches, sharp turns, and bad weather which can all cause rollovers, especially when driving fast.

If you drive an SUV, a truck, or a van, remember that they are more likely to tip than cars because their weight sits higher up. Worn-out tires and uneven cargo can also make rollovers more likely.

By understanding these conditions and practicing safe driving habits, you can significantly reduce your chances of being involved in a rollover accident.

What are the Most Important Points About Handling Insurance Claims Following a Rollover Accident?

Always remember, insurance companies are focused on their bottom line. They will work hard to keep your settlement to a minimum, so you should follow these tips as you process your claim.

• Report the Accident Promptly: Review your policy for specific timelines, but generally, but contact your insurance company and report the accident as soon as possible.
• Be Factual: Stick to the facts of the accident, avoid admitting fault, and don’t speculate on causes.
• Don’t Discuss the Accident in Detail: Don’t provide more information than necessary. They may ask for a recorded statement, but politely decline until you’ve spoken with an attorney. It’s always a good idea to consult with an attorney prior to settling your claim in order to know your rights and protect them.
• Don’t Discuss the Accident on Social Media: Always avoid discussing your accident on social media. The things you post can be used by the insurance company to down-play or otherwise minimize your injuries and the eventual settlement.
• Keep records: save everything related to your accident. Not only should you keep copies of all medical bills, repair estimates, and communication with your insurance company, you should also make notes on a calendar in order to preserve the dates of doctor’s appointments, physical therapy sessions, and time you might lose from work as these items can become part of your claim.

By following these tips and staying informed, you can be better prepared to handle the situation and ensure you receive fair treatment.