Fresno Rollover Accident Lawyer
Rollover accidents are some of the deadliest types of automobile accidents. According to the Insurance Institute for Highway Safety (IIHS), rollovers make up about 3 percent of accidents but cause about 35 percent of automobile accident deaths. They occur when a vehicle flips or tips over onto its roof in an accident. They cause many fatalities because passengers get thrown out of the car during the accident.
These accidents can be caused by the negligence of another driver or by a manufacturer defect. When it is due to another driver’s negligence, those affected have a right to compensation for their injuries, medical expenses, and pain and suffering. In the case of death, a Fresno rollover accident lawyer can file a wrongful death lawsuit.Causes of Rollover Accidents
All passenger vehicles can experience rollover accidents. However, pickup trucks and SUV’s are more likely to experience rollover accidents because of the following:
- They have a higher center of gravity compared to other passenger cars.
- They have a narrower track width (the distance between the left and right tires).
- The majority of rollover accidents occur with SUV’s or trucks being driven on rural roads.
Negligence means the failure in carrying out a duty of care. So, if another driver fails in his duty of care, and it causes an accident, they would be negligent. Your Fresno rollover accident lawyer will work to establish negligence on the part of the defendant by investigating the accident and reviewing the police report, eyewitness testimony, photographs of the crash scene and other types of acceptable evidence.
To establish this, you must use the evidence to demonstrate that:
- The rollover accident occurred due to the defendant’s recklessness.
- The rollover accident caused you harm.
- You suffered economic and non-economic damages.
To prove the harm done to you, it must be proximately related to the rollover accident. Examples of injuries sustained during a rollover accident include:Causes of Rollover Accidents
Common causes of rollover accidents include:
- Another driver commits a preventable error
- Equipment failure
- Road conditions or design
Driver Error: If another driver commits one, or a combination, of the following acts and they collide with your vehicle causing a rollover crash, they can be held liable for your harms and losses.
- Focusing on distractions like eating and driving, conversing with another passenger or using a cellphone.
- Inability to concentrate due to fatigue or drowsiness.
- Driving aggressively.
- Driving under the influence of alcohol or other intoxicating substances.
- Driving without experience.
- Driving on unfamiliar roads.
- Carrying too much cargo.
- Understeering or oversteering.
Equipment Failure: Some rollover accidents are caused by the failure of vehicle equipment. This can be due to the negligence of a vehicle mechanic or the manufacturer. In some instances, the failed equipment can be external like a car tire.
Service repair shops and equipment operators would be held responsible if there is a failure in their equipment. Car manufacturers would also be liable if the cause of the accident is as a result of a flaw in the car design. Examples of car design flaws include:
- Roof crush
- Unsafe gas tank
- Improper airbag deployment
- Door lock failure
- Head restraint failure
Roof crush is a major design flaw and a major cause of rollover accident deaths. The U.S government states that a roof should have no more than 5 inches of crush and should support 1.5 times the vehicle’s weight. A car with more than 5 inches of crush suggests negligence by the car manufacturer.
Manufacturer design flaws are usually settled in massive high-profile class action lawsuits. This is because the design flaws affect many vehicles at the same time. Due to the large settlements manufacturers have paid involving design flaw settlements, many of them add electronic stability control devices to light trucks like SUVs, pickup trucks, and vans. These devices prevent rollovers by balancing the oversteering or understeering of a driver.
Road Conditions or Design: Bad road conditions can also be a cause of rollover accidents. It can be caused by construction debris, potholes and so on. If the accident is a result of bad road conditions, a claim could be filed against the city or local government. When bringing a claim against the government, you should consult with a Fresno rollover lawyer to look over the specific rules and limitation periods.
Watch the YouTube video below for safety tips on how to prevent a rollover in your car.When You Need a Fresno Rollover Accident Lawyer
You should speak to an experienced rollover over accident sooner rather than later. Why? Because rollover accidents are usually complex and result in serious bodily injuries. As a result, a civil claim filed against a defendant, especially a large corporate defendant like a vehicle manufacturer, requires more skill. A Fresno rollover accident lawyer can be a tremendous benefit if you encounter one, or all, of the following:
- The other driver’s insurance company or the government is denying you the settlement
- The defendant lacks insurance.
- Financial losses that are not fully compensated.
Another reason you need to make sure you contact a Fresno rollover accident lawyer sooner rather than later is because you only have two years from the date of the accident to file a personal injury claim in a Fresno civil court. This is because of California’s statute of limitations. If your claim is against the city or other local government entity, the limitations period of even shorter – six months from the date of the accident.Fresno Rollover Accident Lawyers
I’m Ed Smith, a Fresno Rollover Accident Lawyer. If you or someone you love has been injured in a rollover accident, please call me for free and friendly advice. You can reach me at (559) 377-7676 or (800) 404-5400 and online at contact form.
For over thirty-five years, I have served the Fresno and Greater California community helping people and their families recover after accidents. My past clients have left reviews of their experiences working with me on Avvo, Google, and Yelp.
I have been recognized by the Million Dollar Advocates Forum, a group reserved for injury lawyers who have achieved case verdicts and settlements in excess of $1 Million.
I'm also a member of the National Association of Distinguished Counsel.
:sid rey [cs 1097]
Editor's Note: This page has been updated for accuracy and relevancy. [cha 1.31.19]