A rollover accident is one of the most terrifying types of crashes you can experience. In a split second, your car may flip onto its side or roof, leaving you shaken, injured, and unsure of what to do next.
While the physical and emotional aftermath is overwhelming, so are the insurance details. You’ll need to determine who is liable, meaning who is responsible for the accident and resulting damages—and to what degree. As any experienced auto accident attorney will tell you, understanding liability in these cases is critical because it determines how your medical bills, lost wages, and property damage are covered.
(Pierre Cazenave-Kaufman/Unsplash)
What Makes Rollover Accidents Unique
The stakes are often much higher with a rollover accident than a rear-end accident or a side swipe. Even if your car flips only once, a rollover crash can cause catastrophic injuries and leave your vehicle completely totaled.
What makes these crashes especially complex is that fault isn’t always obvious. Was it another driver’s reckless lane change that forced you to swerve? Did poor road maintenance play a role? Or did your vehicle’s design make it unstable in an emergency maneuver? Each of these factors can shift liability in different directions, and sometimes more than one party shares responsibility.
Common Causes of Rollover Accidents
Trucks, SUVs, and vans are more likely to roll over due to their higher center of gravity, but passenger cars can also flip under the right conditions. Here are some of the most common causes of rollover accidents:
- Distracted or Sleepy Drivers: A driver who is distracted by a cell phone or fellow passenger—or who is falling asleep behind the wheel—could have a delayed reaction to other drivers or obstacles in the road. They could cause their own car to roll or cause you to maneuver your own car abruptly and roll.
- Aggressive Drivers: An aggressive driver may cut you off, forcing you to swerve sharply and lose control.
- Road Conditions: Uneven pavement, potholes, or debris can destabilize vehicles and contribute to a rollover.
- Vehicle Design Flaws: Certain vehicles, particularly SUVs, have been criticized for being more prone to rolling over. Tire defects or suspension issues can also contribute.
- Weather: Rain, ice, or strong winds can reduce traction and stability, increasing the chance of a rollover.
Sometimes, the cause of the rollover is clear-cut. But often, it’s a combination of driver error and conditions (road, weather, etc.).
Determining Fault in a Rollover Accident
Liability is rarely simple, and in many cases, multiple parties may share responsibility. Investigators and attorneys will look at evidence such as:
- Police reports and witness statements
- Skid marks, tire blowouts, or vehicle damage
- Roadway design and maintenance records
- Vehicle recalls or defect reports
To illustrate a shared fault scenario, let’s say another driver was speeding and clipped your car, causing you to roll. They may bear primary responsibility for the accident, but if your vehicle’s tires were flawed due to a manufacturing defect and contributed to your rollover, the tire company may also be liable. The key is gathering all available evidence to build a clear picture of what caused the rollover.
Liability When Another Driver Is at Fault
If another driver’s negligence led to your rollover, they can be held responsible for your injuries and damages. For example, a reckless driver swerving into your lane could force you to overcorrect and roll. In such cases, their insurance should cover your medical expenses, lost wages, and vehicle replacement.
However, don’t assume the process will be smooth. Insurance companies may argue that you contributed to the accident by speeding, not braking in time, or failing to maintain control. That’s why documenting the scene and working with an attorney is so important. You need evidence to counter these tactics and establish clear fault.
When Road Conditions Contribute
Sometimes, poor road maintenance or hazardous conditions cause or worsen a rollover. Loose gravel, large potholes, or improperly banked curves can destabilize your car. In these situations, the government entity responsible for road upkeep may be liable.
Pursuing claims against municipalities or state agencies can be difficult, as strict filing deadlines and immunity laws often apply. If you believe unsafe roads caused your rollover, you’ll need strong documentation and legal support to hold the right parties accountable.
Vehicle Defects and Manufacturer Liability
Not all rollovers are caused by other drivers or road conditions. In some cases, your vehicle itself may be the problem. SUVs with high centers of gravity, poorly designed tires, or faulty suspension systems can increase rollover risks. If a defect contributed to your crash, the manufacturer or parts supplier may be liable under product liability laws.
For example, if your tires blew out unexpectedly despite being in good condition, or your vehicle failed to perform safely during a standard maneuver, that could point to a defect. You may need to enlist expert testimony and detailed engineering analysis to prove fault.
Shared Liability in Rollover Accidents
In many rollover accidents, more than one party shares the blame. Nevada, like many states, follows a comparative negligence system. This means that even if you were partially at fault, you may still recover compensation, as long as you were not more than 50% responsible for the wreck. Your damages will be reduced by your percentage of fault.
For instance, let’s say a driver turned left in front of you and you did not have time to stop—but you were driving 10 miles over the speed limit. You may be assigned partial fault. If your fault is determined to be 20% on $100,000 in total damages, you would receive an $80,000 payout (reduced by $20,000).
Steps to Take After a Rollover Accident
While every situation is unique, here are some basic guidelines for what to do after a rollover:
1. Seek Medical Help Immediately
Rollover accidents can cause physical damage, like traumatic brain injuries and spinal injuries, that may not manifest symptoms right away. Get medical care quickly so your doctor can diagnose medical issues and keep you from making them worse.
2. Document the Scene
Take photos of the accident scene from different angles. Photograph your vehicle, the road, signage, any visible hazards, and your injuries.
3. Get Driver Information (if Other Drivers Were Involved)
If another driver contributed to your wreck, get their full name, contact information, and insurance information (including policy number).
4. Collect Witness Information
Independent accounts strengthen your case against insurers. Get contact information from anyone who witnessed the accident.
5. Request a Copy of the Police Report
This can serve as critical evidence in proving fault.
6. Contact an Attorney
Because liability is often complex, get legal guidance early on to help protect your rights.
How an Attorney Can Help After Rollover Accidents
A good attorney can connect you with medical providers who specialize in treating the types of injuries that you sustained. These doctors can document your case carefully to substantiate your injury claims.
Attorneys can help with the complexity of rollover accident claims, which can involve multiple parties, technical evidence, and aggressive insurance companies. An attorney can coordinate accident reconstruction experts, handle communications with insurers, and file claims against all liable parties.
For example, if your accident involved a negligent driver and a tire defect, your attorney can pursue claims against both the driver’s insurer and the manufacturer. This ensures you’re not left covering costs that others are legally responsible for.
Insurance companies may try to argue that you were partially at fault for the accident, so they do not have to pay as much. They may also try to show that your injuries aren’t as bad as you claim or that they are pre-existing (due to a past health condition or accident). An experienced attorney can see through these aggressive tactics and make sure your rights are protected.
If an insurance company offers a settlement, an attorney can help you know if that settlement is a fair offer or if you should hold out for more. And if your case progresses to court, an attorney’s litigation experience can give you the best chance of winning.
If you’ve been involved in a rollover accident, contact Tingey Injury Law Firm. You can get a free consultation with an auto accident injury attorney serving North Las Vegas, Summerlin, Henderson, and beyond. Our attorneys can make sure that the right parties are held responsible for the financial, emotional, and physical damages you have suffered.