Car Accidents – Rollover Accidents & Rollover Crashes
Are you a fan of off-road driving, or taking sharp turns on vehicles with a high center of gravity? If so, you may be at greater risk of being a victim to a rollover accident. When drivers on the road are careless and mishandle their vehicles causing a rollover accident, the effect can be deadly for themselves, their passengers and other vehicles on the road.
Imagine driving down the Bruce Highway when suddenly, you see another vehicle suddenly rolling over onto your lane. How can something like that happen on the road?
Cars with a higher center of gravity makes a motor vehicle more susceptible to rollover accidents than lower vehicles, especially if the vehicle is off-roading or making sharp turns. Despite improvements in technology such as electronic stability control systems (ESCs) in SUVs, the risk can still arise when drivers drive carelessly, fail to adhere to proper road rules, or do not account for other safety considerations such as weather or road conditions. Other factors that increase the chance of rollover include:
- -Added weight to the vehicle.
- -For SUVs, lack of roll bar protection, especially in off-road driving.
- -Inadequate crash protection
- -Sudden impacts, uneven or slanted driving surfaces
How serious are rollover accidents?
According to the Australasian College of Road Safety, approximately 22% of passenger cars in fatal crashes in Australia are caused by rollover crashes.
These types of crashes have been identified as being a major contributor to serious spinal injuries that have resulted in serious paralysis and disability conditions such as paraplegia and quadriplegia.
Rollovers are recognised as serious accidents and account for about 10% of fatal accidents in general. Serious injury often occurs with ‘ejection’, which occurs when a driver does not wear their seatbelt and is flung from the driver’s seat during a rollover accident. Yet even while wearing seatbelts, injuries to the head, upper and lower limbs, chest and neck are still common in rollover accidents. Head trauma is an especially common serious injury that can occur from a rollover accident.
What are my legal rights in a rollover accident?
Regardless of how the accident was caused that led to a rollover accident, the driver has a duty of care to other drivers on the road to properly handle their vehicle and driver safely. A driver who has caused a rollover accident is presumed to be negligent unless they can prove otherwise. However, doing so in this case would be very difficult.
If you were not at fault for the accident, you or any other victim of the accident can claim damages for any injuries or financial losses that you have suffered as a result of a rollover accident.
What if I was involved in an SUV accident but the car was faulty?
Sometimes, even the best drivers may be victim to an accident because of something more. Proving that an accident was caused by a faulty design can be a difficult endeavour to accomplish without the assistance of a personal injury lawyer. However, if you can successfully prove this, then you may have grounds to claim damages against the manufacturer of the vehicle.
If this is the case, it is highly recommended that you speak with an accredited specialist in personal injury as soon as possible because a lot of elements in the evidence for this kind of a claim are time sensitive (e.g. the skid marks from an accident on the road at the accident scene).
If the car design was faulty, how do manufacturers defend themselves in court?
It is intimidating to think about how the other side is going to react to your argument isn’t it? The most common defense used by a manufacturer’s lawyer is the claim that the driver of the vehicle was in fact negligent by not driving diligently or with a reasonable amount of skill and caused the loss of control of the vehicle.
Other defenses include proof of compliance with industry norms and vehicle testing standards. This is used to dispute the claimant’s theory that the manufacturer was able to design a vehicle to prevent the accident in foreseeable circumstances.
What damages can I claim?
In a rollover accident, you may be entitled to recover the following damages:
- -Out of pocket medical expenses
- -Property damage
- -Lost wages
- -Pain & Suffering
- -Punitive damages
- -Housekeeping or attendant care expenses
- -Future medical or caregiving expenses
You risk losing your legal right to compensation without the assistance of a personal injury lawyer
Do not underestimate the legal process and the amount of legal expertise that insurance company lawyers have when you try to claim damages over a motor vehicle accident.
Most drivers and car manufacturers are protected by liability insurance that takes the burden of paying compensation from a civil suit. These same insurance companies are often the ones that hire the lawyers to fight you in court and try to defeat your claim to compensation.
Do not put yourself in a situation where you can be put at a legal disadvantage. Most personal injury firms offer risk free consultations to give you the initial advice you need to make a decision.
How does East Coast Injury Lawyers Help?
Our firm is led by accredited specialists in personal injury who have a significant amount of experience and expertise to deal with these types of claims. It is important that all the relevant evidence is gathered and analyzed, as well as applied to the relevant law to create the best legal argument for your claim.
We offer a no risk, free initial consultation so that you can make an informed decision on whether or not to pursue a claim.
To take advantage of this resource, all you need to do is simply contact us by filling out our online case review form or calling us at 1300 720 544.