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 35 percent of automobile accident deaths. Rollovers 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 SUVs are more likely to experience rollover accidents because of the following:
- They have a higher center of gravity than other passenger cars and narrower track width (the distance between the left and right tires).
- Most rollover accidents occur with SUVs or trucks being driven on rural roads.
Negligence means the failure to carry out a duty of care. So, if another driver fails in his duty of care and causes an accident, they would be negligent. Your Fresno rollover accident lawyer will work to establish negligence on the defendant's part 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, and 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:
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 harm 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 vehicle equipment failure. This can be due to the negligence of a vehicle mechanic or the manufacturer. The failed equipment can sometimes be external, like a car tire.
Service repair shops and equipment operators will be held responsible if there is a failure in their equipment. Car manufacturers would also be liable if the cause of the accident resulted from 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 cause of rollover accident deaths. The U.S government states that a roof should have no more than 5 inches of crush and 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, and this is because the design flaws affect many vehicles at the same time. Due to the large settlements manufacturers have paid for design flaw settlements, many 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 cause rollover accidents, and they can be caused by construction debris, potholes, and so on. If the accident results from bad road conditions, a claim could be filed against the city or local government. When bringing a lawsuit against the government, you should consult a Fresno rollover lawyer to review the specific rules and limitation periods.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. An accident attorney 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.
You need to make sure you contact a Fresno rollover accident lawyer sooner rather than later because you only have two years from the accident date 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 limitation period of even shorter – six months from the accident date.Fresno Rollover Accident Lawyers
If you or someone you love has been injured in a rollover accident, please call our injury lawyers for free and friendly advice. You can reach us at (559) 377-7676 or (800) 404-5400 online at our contact form.
Since 1982, we have served the Fresno and Greater California community helping people and their families recover after accidents.
Editor's Note: This page has been updated for accuracy and relevancy [cha 7.12.22]
Photo by Deposit Photos
:sid rey [cs 1027]