Car roll over accidents can result with disastrous consequences. The National Highway Traffic Safety Administrations (NHTSA) reports that rollover motor vehicle accidents are only exceeded by head-on collisions in the level of severity. Rollovers can often result in passengers or drivers being ejected from the car. From 1992 to 1996, rollover accidents accounted for nearly 29% of car fatalities and nearly 35% of fatal passenger car accidents in 2010.
Some light passenger vehicles like sports utility cars are known for their propensity to rollover. Quite frequently, rollovers are caused by “tripping,” which occurs when a vehicle’s tire hits an object like a curb or bump on the road. This interrupts forward motion and causes the vehicle to roll forward or event sideways. According to the NHTSA, 95% of all rollover accidents that involve only one vehicle are caused by tripping.
Other causes of rollover accidents include the car’s design (like higher center of gravity), dangerous roads or even tires that are defective. Driver negligence and weather are also contributing factors.
Of course, whether or not to seek personal injury damages in a rollover accident depends squarely upon the cause of the accident and whether or not you suffered any injuries or losses as a result. Likewise, whom to sue for damages depends on the cause of the accident.
If the accident was caused by an SUV, for instance, that has a manufacturing defect or even warrant manufacturer’s warning that were not provided, it could be justification for a products liability lawsuit. Other defects that can lead to a products liability lawsuit in a rollover accident include defective tires, which can cause tripping. In a defective products claim, you may need the assistance of a design defect expert to testify about the nature of the car’s defect. They may also testify to the alternatives design options that could have accommodated the vehicle.
If tripping is the cause of your rollover, it could point to premises liability claim as a recovery tool for damages. If that is the case, it may be appropriate to sue the individual or entity responsible for maintaining the roadway where the rollover occurred. This could include the municipality or owner of the property in question or perhaps a construction company owner or contractor if the accident occurred in a construction zone.
These kinds of lawsuits are often complex as your ability to bring the suit could depend on whether or not you had the right to access the property where the accident occurred. And if the accident occurred on a public roadway, you may have a limited amount of time to bring the suit.
For this reason, and the fact that defendants in rollover accidents are often themselves accused of neglect, it’s vitally important that one seek the counsel of an experienced personal injury lawyer who has a specialty in motor vehicle accidents. They can navigate the time table for filing your claim and investigate the accident with the support of accident reconstruction experts and vehicle design experts who can prove the conditions of the accident and point to its cause.
If you are looking for a Chicago personal injury lawyer who will fight tirelessly for your right to recover damages for injuries due to the neglect of others, call Bizzieri Law Offices at 773.881.9000. There is no fee for the case review, and we don’t get paid unless we recover damages for you.