Rollover Accidents Can Cause Wrongful Death. How Do You Get Compensation?

Rollover accidents occur when a car hits an object, often a guard rail or road curb, and turns to stand on its roof. The car might roll over once or several times before coming to a stop.

While these types of accidents are among the least occurring on our roads, their fatalities are at an all-time high. More than 6,000 people died from rollover accidents in 2018 alone.

The most dangerous thing about roll-over crashes is that a car is not designed to stand on its roof. So when a vehicle rolls over, there is a possibility of the entire car top crumbling. The resulting impact on the occupants can cause back fractures, neck, and spinal cord injuries.

Another reason for such a high number of fatalities is that a car’s fuel line or gas tank might be damaged in the process. A sudden explosion will result in severe burns and even wrongful death.

Wearing a seatbelt can minimize the magnitude of injuries but does not guarantee full-proof protection.

If your loved one died from a rollover accident that resulted from someone’s negligence, it is possible to get compensation. However, proving fault in rollovers has not always been easy because of the many factors that come together in this type of accident.

It is necessary to understand the common causes of rollover accidents in order to comprehend the complexity of making a wrongful death claim.

Top Causes of Rollover Accidents

    • Cars with a high center of gravity: SUVs are the most common types of cars involved in rollover accidents because they have a high center of gravity.
    • Faulty car suspension: A vehicle’s stability depends on the suspension system. If it is defective, the car can easily lose control and roll over.
    • Poor weather conditions: Icy and wet roads increase the probability of cars skidding and rolling over.
    • Poor roads: A pothole or road crack can easily throw a car off-course to a rollover.
    • Drunk driving
    • Speeding

How to Prove Fault and Get Compensation for Wrongful Death

Negligent Driver

If your loved one was killed in a rollover accident resulting from another driver’s negligence, a wrongful death lawyer can help you prove fault.

Any driver on the road owes a duty of care to drive in a manner that shows regard for other road users.

Thus, if a driver is intoxicated, speeding, or driving recklessly, they have already breached this duty of care.

Your attorney will help you prove that the driver’s negligence resulted in the death of your loved one.

Car Manufacturer

Rollover accidents can become complex, especially when a car manufacturer is involved. These types of crashes are different in that they can result from a vehicle’s faulty design too.

When a person dies from a rollover accident caused by the vehicle’s design, their spouse or children can file a wrongful death claim to seek compensation. Compensatory damages can reimburse losses such as funeral expenses, ambulance bills, loss of a breadwinner, loss of consortium, pain, emotional suffering, and so on.

To prove fault, your attorney will need to show that the manufacturer knowingly distributed a defective car, the faulty design caused an injury or death, and that the claimant was driving in a reasonable manner when the accident occurred.

Car manufacturers have a duty of care to their consumers too. They should design, manufacture, market, and sell vehicles that are safe for road use. For instance, NHTSA states that all post-2012 model cars have proper electronic stability control. If a manufacturer sold a car without adhering to this guideline, they are automatically liable for any injuries or wrongful deaths.

Luckily, through strict liability, such cases do not require a plaintiff to identify the negligent party.

We are happy to present this collaborative post to offer valuable information to our readers.

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