Rollovers are considered the most dangerous and lethal motor vehicle accidents in the United States. In fact, the National Highway Traffic Safety Administration (NHTSA) claims that rollovers account for nearly 35% of all passenger vehicle fatalities – about 7,600 people a year– in the United States. When a rollover accident occurs, survivors tend to sustain life-threatening injuries that necessitate costly medical treatments and ongoing rehabilitation services. Many victims and surviving family members pursue civil litigation just to afford the medical bills, funeral expenses, lost wages, and other financial losses that tend to accompany a tragic motor vehicle accident.
If you require legal guidance after a rollover accident, contact the Newport News rollover accident lawyers at Huffman & Huffman, Brothers-in-Law, PLLC today. Our skilled litigators have more than 150 years of collective legal experience and a track record of recovering multi-million-dollar settlements and verdicts. We can investigate your case, calculate your claim’s maximum value, and negotiate with the at-fault party’s insurer to secure a favorable settlement that reflects your financial losses. If the claims adjuster refuses to negotiate, we can take your case to court and litigate for a substantial verdict that maximizes your claim.
Take the first steps toward financial recovery today. Contact our Newport News attorneys handling rollover accidents at (757) 599-6050 to explore
your legal options.
What Is a Rollover Accident?
As the term implies, a rollover accident is when a motor vehicle tips, “trips,” or flips upside down or on its side. Most rollover incidents occur when a negligent motorist fails to interact with the road and/or environmental conditions, particularly in rural areas.
There are 7 common causes of vehicle rollover collisions in Virginia:
- The at-fault driver is speeding.
- The at-fault driver is driving under the influence of drugs and/or alcohol.
- The at-fault driver falls asleep at the wheel.
- The at-fault driver is tired, drunk, or distracted and tries to overcorrect at the last minute.
- The at-fault driver runs a red light at an intersection.
- The at-fault driver’s vehicle malfunctions.
- The at-fault driver loses control of the vehicle due to weather conditions.
Of course, it’s also possible for people to be injured because another vehicle flips over. For instance, an overloaded or improperly loaded 18-wheeler can easily overturn if it jackknifes, leading to additional traffic hazards, including fire risks and spilled cargo. These accidents tend to happen when an inexperienced trucker speeds or brakes too quickly while trying to control an 80,000-pound vehicle. In this circumstance, a motorist may be struck by the swinging trailer or unable to dodge a multi-vehicle collision when it overturns.
A survivor can sustain the following injuries and more during a rollover accident:
- Traumatic brain injury
- Contusions and concussions
- Nerve damage and paralysis
- Penetration injuries
- Spinal cord injuries
- Burn injuries
- Scarring and disfigurement
- Head and neck injuries
- Loss of limb
- Multiple bone fractures
Establishing & Proving Negligence
Per Virginia law, every driver has a responsibility to exercise reasonable caution and care when sharing the road with motorists, pedestrians, bicyclists, and motorcyclists. A person can breach this duty by engaging in negligent driving practices – speeding, texting, etc. – that put others at risk of injury or death.
In Virginia, you can obtain the following damages through civil litigation:
- Existing and potential medical expenses
- Future care and treatment costs
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Mental anguish and emotional distress
- Permanent disability
Unfortunately, the litigation process is rarely straightforward when it comes to rollover accidents – especially if a truck driver is involved. To secure compensation, your legal team needs to establish 4 crucial facts: the at-fault driver owed you a duty of care; the at-fault driver breached this duty of care by exhibiting negligence; the at-fault driver’s actions caused or contributed to the collision; and the rollover accident, in turn, is responsible for your emotional trauma, physical injuries, and financial losses.
Discuss Your Legal Options with an Experienced Lawyer
Contact the Newport News attorneys handling rollover accidents at Huffman & Huffman, Brothers-in-Law, PLLC if you require legal guidance and representation after sustaining injuries in a rollover collision. Our experienced legal team can investigate your case, collect evidence, and develop a litigation strategy that achieves your legal objectives and financial goals. Because we’ve been providing legal services for decades, we have a comprehensive understanding of the tricks and traps you may encounter with the defendant’s insurance company. So, if you’re ready to pursue justice and damages, schedule a free consultation with Huffman & Huffman, Brothers-in-Law, PLLC today!
As a personal injury firm, our goal is to manage the legal details of your case from start to finish so that you can focus on healing in peace. Contact our firm at (757) 599-6050 to arrange a complimentary case evaluation with an experienced car accident attorney.
Rollover Accident FAQ
- Are SUVs more likely to roll over? A sports utility vehicle – or an SUV, as everyone calls them – is more likely to roll over when compared to an average passenger vehicle. Some traffic safety group estimates show that more than 10% of all SUV-involved crashes cause the SUV to roll over. The reason that SUVs roll over and tip more often is that most are intentionally designed to be top-heavy because the body of the vehicle is lifted higher off the ground, which allows it to traverse various types of terrain more easily. But the elevated center of gravity means an SUV can roll when turning suddenly or if it gets hit from the side.
- What happens if a car rolls over into your car?Rollover accidents are extremely dangerous for everyone in the vehicle that is rolling and anyone in adjacent vehicles. If a car rolls into your vehicle, then the outcome could be devastating. You would have the opportunity to file an injury claim against the driver of the vehicle that rolled into you. Even if that vehicle rolled due to a third party’s mistakes, to keep things simpler, you would probably still bring your claim against the driver of the car that physically hit you. At that point, the insurance companies representing the two other drivers can argue between themselves about who owes you compensation and why. Meanwhile, your attorney will be there to answer any questions and press the issue, so you can get a recovery faster.
- Why do semi-trucks roll over?
As terrifying as it might be, semi-trucks and tractor-trailers are known to tip and roll over, almost as often as smaller vehicles and SUVs. Like SUVs, commercial trucks can become top-heavy, especially when the cargo loaded within the trailer is stacked incorrectly. Additionally, the broad side of a trailer can act like a sail in the wind in certain weather conditions. If a strong gust hits the trailer in the center, the entire truck can tip or roll. This is why some highways have signs that warn of high winds.
- Who do you sue if your side airbag didn’t go off? When a rollover accident occurs, side airbags offer some of the best protection from severe injuries. However, a side airbag cannot do much if it doesn’t deploy. If your injuries in a rollover accident were worse than they could have been because the side airbag was defective and did not go off, then you might be able to file a claim against the car’s manufacturer for selling a vehicle with a defective part.
- Can you sue for a rollover accident if you didn’t have your seatbelt on? Seatbelts are crucial for keeping people in their seats during a rollover accident, which can prevent some of the worst injuries. If you didn’t have your seatbelt on when your vehicle rolled, then you likely suffered worsened injuries than if you had been wearing it. To make things worse, not wearing your seatbelt will almost guarantee that your liability for your damages will be more than 0%. In Virginia and a few other states with pure contributory negligence rules, you cannot collect a recovery at all from the other driver or party if you were even 1% at fault for your damages.