Rollover accidents are relatively uncommon but can cause serious, life-threatening injuries. While they only make up about 3% of all motor vehicle accidents, they account for roughly 30% of all people killed in auto accidents. People who survive rollover accidents may be left with catastrophic injuries.
If you are hurt in a rollover accident, you may be able to file a lawsuit against the at-fault driver. Through a personal injury claim, you can recover financial compensation for all of your injuries, including lost wages, medical expenses, pain and suffering, and more. A seasoned Long Island car accident attorney can help you with the process.
At The Odierno Law Firm, we are dedicated to helping injury victims get the compensation that they deserve. We offer free initial consultations and handle all claims on a contingency fee basis – which means that we only get paid if we recover money for you. Reach out today to schedule an appointment with a member of our legal team.
Can I File a Lawsuit for a New York Rollover Accident?
The ability to file a lawsuit for a rollover accident is dependent on the cause of the crash. If you were in a rollover because you were driving too fast going around a curve, then you may not be able to file a lawsuit for your injuries.
Of course, there are many cases where the victim of a rollover was not at fault for the accident. For example, if poor road conditions caused your crash, you may be able to file a claim against the government agency responsible for maintaining the road. Personal injury claims against the government are handled differently than other types of cases and should be handled by an experienced New York car accident attorney.
Alternatively, if your vehicle tipped over because of a manufacturing defect, you may be able to file a lawsuit against the manufacturer of the car or the specific part that failed. If a mechanic performed shoddy work on your vehicle that led to the rollover, they may also be held liable.
In situations where another driver struck your car, causing a rollover, you could file a claim against the at-fault driver. Similarly, if a vehicle, motorcycle, bicyclist, or even a pedestrian entered your traffic lane unexpectedly and caused you to lose control of your vehicle to avoid hitting them, you could file a claim against them. In some cases, if that at-fault motorist, bicyclist, or pedestrian cannot be found, you may be able to seek compensation from your own insurance company under an uninsured/underinsured motorist policy.
Importantly, even if you were partially at fault for the accident, you can still recover for your losses. New York follows a “pure” comparative fault rule. Under these rules, as long as you were less than 100% at fault for the crash, you can still file a claim for your losses. Your total recovery will then be reduced by the percentage of your fault.
Damages in a Rollover Accident Case
In a rollover accident, you may suffer significant injuries such as broken bones, internal organ damage, traumatic brain injury, spinal cord injury, burns, cuts, or abrasions. Through a personal injury lawsuit, you can recover compensation for these injuries and associated losses.
Damages fall into three categories: economic, non-economic, and punitive damages. Economic damages compensate an accident victim for their direct financial losses. Examples of economic damages include property damage, lost wages, medical bills, future medical treatment, and lost earning capacity.
By comparison, non-economic damages cover intangible losses. While these types of losses can be harder to prove, they are no less important than things like damage to your car. Typical non-economic damages include compensation for pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.
Finally, punitive damages may be awarded when the at-fault party acted intentionally or recklessly. Because most personal injury cases are based on negligence rather than intentional conduct, they are rarely available in rollover cases. However, there are situations – such as drunk driving accidents – where punitive damages may be appropriate.
How a Long Island Rollover Accident Lawyer Can Help
After any type of auto accident, you may be approached by an adjuster for the other party’s insurance company. They may ask you to give a statement or sign some documents. They may even tell you that they accept responsibility and want to offer you a settlement.
These types of offers can be attractive – but are often a lowball settlement amount. Insurance companies are not operating in your best interests. Their goal is to make money, and they do that by minimizing the amount that they have to pay out on claims like yours.
The best way to get full value for your rollover accident claim is by talking to a Long Island car accident lawyer as soon as possible – before you talk to anyone from the insurance company or sign any paperwork. Attorneys are duty-bound to represent your best interests. Their goal in each and every case is to get the most amount of money for their clients and to resolve the case as quickly as they can.
Studies show that people who are represented by counsel in personal injury claims recover an average of 40% more than people who represent themselves. Most personal injury lawyers handle cases on a contingency fee basis, which means that you pay nothing upfront to hire an attorney. They also offer free consultations to prospective clients. As such, there is very little risk in talking to a lawyer about your case – and a potential for a much larger recovery than you would otherwise be able to obtain.
Common Causes of Rollover Accidents
Rollover accidents are divided into two primary categories: tripped or untripped. A tripped rollover – which represents 95% of all rollovers – occurs when an external force causes a vehicle to roll over. An untripped rollover happens when a vehicle navigates a corner or curve too quickly and loses control; this tends to happen most often with top-heavy vehicles.
Rollover accidents are studied extensively by the National Highway Traffic Safety Administration (NHTSA). According to research, common causes of rollovers include:
- Trips, or impacts, which include a vehicle striking or being struck by an object or another vehicle and rolling over. This object can be almost anything, including uneven ground, a pothole, or even a stationary object like a curb.
- Overcorrections occur when a driver makes a sudden move too far in one direction, which can cause the vehicle to flip over.
- Aggressive driving, including speeding and frequently changing lanes
- Vehicles with a high center of gravity, such as cargo trucks and SUVs, can more easily be tipped over if they strike an object or negotiate a curve too quickly
In some cases, driver error is to blame for a rollover accident. In other situations, however, another driver or even a government entity is at fault for the crash.
Hurt in a Rollover Crash? Give Us a Call.
Being in a rollover accident can be incredibly scary. Afterward, you may be struggling with both physical and emotional injuries. In this situation, you need a trusted advocate to help you get the money that you deserve – so that you can focus on your recovery.
The Odierno Law Firm represents clients throughout Long Island who have been hurt in all types of accidents, including rollovers. We fight for our client’s rights for full compensation and work hard to make sure that they achieve justice. To learn more or to schedule a free initial consultation with a New York personal injury attorney, give our law office a call at 631-752-8580 or fill out our online contact form.
