Rollover Accident Lawyer

What Causes Rollover Accidents?

What causes a car to roll over is when forces change the vehicle’s center of gravity, causing it to flip onto its side or roof. 

Factors that usually contribute to car rollover accidents include:

• Vehicle type: SUVs, Crossovers, trucks, and vans have a higher center of gravity, making them more prone to rollover accidents. 
• Tire issues: Improperly inflated tires (under- or over-inflated), worn tires with no tread, and blowouts.
• Speed: Traveling at higher speeds increases the risks of a rollover accident. 
• Road conditions: Sharp curves, steep slopes, poor road maintenance, rainy and windy weather, and slick roads.
• Driver errors: Distracted driving, driving under the influence, road rage, aggressive driving, driver fatigue, and overcorrection of sudden maneuvers.

Fast Facts About Rollover Accidents

• According to a report published by the NHTSA, almost 71% of fatal rollover crashes occur at speeds of 55 mph or faster.
• In 2020, 11,654 people were killed in all car crashes involving impaired drivers, accounting for 30% of all traffic-related deaths as reported by the CDC. 
• There are approximately 220,000 rollover accidents annually, with 224,000 mild to moderate injuries, 14,100 serious injuries, and 9,000 fatalities, according to the NIH.

Types of Rollovers

Tripped vs. Untripped Rollovers

• Tripped: Tripped rollovers are the most common type of rollover. They occur when the vehicle’s tire or tires encounter an obstacle, such as a pothole, curb, soft shoulder, or uneven pavement, “tripping” the vehicle, affecting the forward momentum of the car, and causing it to roll.
• Untripped: Untripped rollovers are less frequent but can be just as dangerous and deadly. This type of rollover usually involves top-heavy vehicles with a high center of gravity. For example, untripped Miami SUV rollover accidents occur when an SUV is traveling at high speeds and makes a sharp turn, resulting in a loss of control and the vehicle flipping over. 

Single-Vehicle vs. Multi-Vehicle Rollovers

A single-car rollover accident occurs when a single vehicle flips over and crashes without colliding with another vehicle. 

These are the most frequent types of rollovers, which can be caused by:

• Roadside hazards: Hitting a curb, railing, pothole, or other hazard.
• Swerving: Making quick maneuvers to avoid colliding with another vehicle, pedestrian, or animal.
• Excessive speeding: Driving at high speeds and losing control of the vehicle.

In multi-vehicle rollovers, one or more vehicles are rolled over as a result of the force of the impact with one another.

Devastating Consequences of Rollover Car Accidents

Rollover car accidents are so dangerous for several reasons, including:

• Risk of roof crush: Older model vehicles lack sufficient roof support, which can cause the roof to crush into the car, causing serious injuries or fatalities. While newer modeled vehicles have increased roof support, there is still a risk of roof crushing from high-force impacts. 
• High likelihood of ejection: One of the top causes for fatalities in rollover car crashes is people being ejected from the vehicle, especially when they are not wearing a seatbelt, from the force of ejection and the potential of the vehicle rolling on top of them.
• Multiple impacts as the vehicle rolls: As a vehicle rolls over, it impacts hard pavement, other vehicles, barriers, trees, or other objects, causing multiple impacts. These impacts can reduce the vehicle’s structural integrity, increasing the risk of serious injuries and fatalities. 

Common Injuries in Rollover Collisions

The extent of injuries experienced in rollover car accidents depends on the speed of the vehicle, the number of impacts, and the force of impacts resulting from the rollover. 

Common injuries could include:

• Traumatic brain injuries (TBIs)
• Head injuries
• Spinal cord injuries
• Partial or full paralysis
• Fractured and broken bones
• Internal bleeding
• Internal organ injuries
• Severe cuts and lacerations
• Crushing injuries
• Amputations and loss of limbs
• Wrongful death

The long-term effects from dangerous car rollover crashes can have direct impacts on your livelihood and loved ones, and might include:

• Chronic pain
• Limited mobility
• Scarring
• Disfigurement
• Emotional distress
• Uncertainty of the future
• Reduced quality of life
• Grief 
• Depression
• Psychological trauma and PTSD

Who Can Be Held Liable for a Rollover Accident in Miami?

Determining liability for a rollover accident in Miami will depend on whether the parties involved were negligent. Negligence occurs when someone fails to exercise reasonable care and their actions directly result in another person’s injuries. To prove negligence, you must satisfy these four key elements:

• Duty of care: Everyone has a legal duty of care to act and behave reasonably to prevent harm, like driving the speed limit or obeying traffic signals. 
• Breach of duty: The individual failed to behave reasonably. For example, they were texting and driving and impacted the side of your vehicle, causing the rollover collision. 
• Causation: The individual’s actions or lack thereof directly caused the crash and your injuries. 
• Damages: You sustained actual tangible losses, including medical expenses, property damage, and lost wages. 

Potential liable parties could include:

• Negligent drivers: Speeding, driving under the influence, reckless driving, and distracted driving, leading to the rollover collision or loss of control of their own vehicle.
• Vehicle manufacturers: Manufacturing defects, such as a high center of gravity with inadequate stability control, weak roof structure, faulty tires, defective airbags, and defective seatbelts.
• Third parties: Parts manufacturers, mechanics, cargo loading companies, road construction contractors, and other drivers’ maneuvers.
• Government entities: Poor road design, improper road maintenance, missing guardrails, construction zone hazards.

Types of Compensation You Can Recover for Your Car Rollover Accident

Florida laws allow you to seek various types of compensation for your damages and losses experienced from a rollover collision. Compensatory damages include both economic and non-economic damages. Some people may also be awarded punitive damages. 

Economic Damages

Economic damages include tangible losses with an actual dollar amount, such as:

• All medical expenses, including future expenses for mental health and physical therapy, prescriptions, hospital stays, and surgeries. 
• All present and future lost wages.
• Loss of earning capacity if your injuries prevent you from working full-time or returning to your previous work.
• All property damage to repair or replace your vehicle and personal property.
• Other out-of-pocket costs related to your injuries, such as modifications to your home and transportation costs.
• All funeral expenses in wrongful death claims.

Non-Economic Damages

Non-economic damages are intangible losses, which could include:

• Pain and suffering
• Mental anguish
• Loss of consortium
• Loss of companionship
• Loss of enjoyment
• Scarring
• Disfigurement
• Loss of support
• Loss of nurturing
• Loss of guidance

Punitive Damages

Punitive damages are very rare and are only awarded in cases where the defendant’s actions were grossly negligent, extremely reckless, or egregious. They are intended to punish the defendant for their wrongdoing and serve as a deterrent to prevent others from behaving similarly. 

Critical Steps To Take Following a Rollover Accident in Miami

There are specific steps after an accident where a car rolled over that you need to follow to protect your legal rights:

• Check for injuries and call 911: Check yourself and others for any injuries and call 911. Even if your injuries seem minor, you should still be medically evaluated in case of internal injuries. 
• Report the accident: Florida law requires that all accidents involving personal injuries and damages of $500 or more be reported immediately. Obtain the police report number from the responding officer.
• Gather evidence: If possible, take photos and videos of the accident scene, all damages inside and out, your injuries, and road conditions. Exchange information with the other driver and get contact information for any witnesses. 
• Document your losses: Keep records of medical treatment, lost wages, missed work days, and all expenses incurred from the rollover accident in Miami.
• Avoid making statements: Do not provide a formal statement to insurance adjusters and never admit fault at any time. Insurance adjusters will use anything you say against you later to minimize or deny your claim. 
• Contact an attorney: Due to the complexities of rollover car accidents, it is vital to seek legal advice as soon as possible following your crash, and especially before accepting any settlement offer. 

Florida No-Fault/PIP

Since Florida uses a no-fault system, all drivers are required to have PIP (personal injury protection) insurance of at least $10,000. This insurance covers a percentage of your lost wages and medical expenses, regardless of fault, up to your coverage limit. For more serious injuries, or once you reach your coverage limit, you can file a lawsuit against the negligent party to seek further compensation. 

Florida also has a 14-day rule with PIP coverage. You must seek medical care and treatment within 14 days of the rollover car accident in Miami. If you do not, you risk losing your right to PIP benefits and could have your claim denied. 

How Bernstein & Maryanoff Fights for Miami Rollover Accident Victims

At Bernstein & Maryanoff, our Miami law firm fights for the rights of our clients and helps them secure the compensation they deserve after rollover car crashes. 

Some of the numerous ways we help our clients include:

• We understand the complexities of rollover accident cases in Miami and Southern Florida.
• We understand vehicle dynamics, know how to look for potential defects, and utilize accident reconstruction, when necessary.
• We offer a free consultation and take cases on a contingency basis, meaning there are no upfront legal fees.
• You only pay legal fees after we settle your case.
• We conduct a thorough investigation to determine the at-fault parties.
• We gather all evidence to build a strong case.
• We have access to expert witnesses (accident reconstructionists, medical, and mental health professionals), when needed.
• We handle all aspects of your injury claim with the insurance company, including all negotiations for a fair settlement.
• We are prepared and have actual trial experience if we need to take your case to court.

Whether you were involved in a single-vehicle or multi-vehicle rollover accident in Miami, find out if you should sue after a car accident, discover your legal rights, and learn about your options with a free, no-obligation consultation. We can even come to you in the hospital or at your home

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