Fayetteville Rollover Accident Attorneys
Fayetteville rollover accidents can not only result in serious, life-changing injuries but may end in a fatality. Fatalities in rollover crashes were at 57 percent for SUVs, followed by pickup trucks (47 percent), vans (30 percent), and passenger cars (23 percent). Rollovers are exceedingly dangerous, not just for the driver in the vehicle, but for other motorists in the immediate area. An out-of-control vehicle flipping end-over-end can land anywhere, causing immense harm to other vehicles and their passengers.
Statistics of Rollover Accidents in the United States
According to the Insurance Institute for Highway Safety (IIHS), even though rollovers account for less than 3 percent of all vehicle crashes, they represent almost 35 percent of all highway deaths.
A total of 24,019 passenger vehicle occupants died in 2020. Then, as pickups and SUVs became more popular, the face of fatal crashes changed. Pickup drivers and passenger deaths shot up 19 percent and SUV occupant deaths increased more than 10 times. For a complete chart comparing deaths over the years from 1975 to 2020 visit IIHS HERE.
And, according to the NHTSA, more than 280,000 rollover accidents are reported every year, resulting in the deaths of more than 10,000 Americans. Of those killed, 69 percent were not belted into the vehicle.
Common Causes of Rollover Accidents in Fayetteville
Most people think of a rollover as a vehicle tipping over onto its side and then rolling. Although this can happen, most accidents involve a driver who loses control of a vehicle and flips it on its side or roof. It may roll once or multiple times before it comes to a stop.
There are two different kinds of rollover incidents. The most common is referred to as a “tripped rollover.” This occurs as a vehicle slips sideways off the road. The tires hit an object or soil, causing an added force on the tires which flips the vehicle over.
Less common is an “untripped rollover.” This happens when there is nothing on the road that trips up the vehicle. Top-heavy vehicles have a higher risk of an untripped rollover. Some of the most common causes of rollover accidents in Fayetteville include:
- Vehicle Type – Vehicles with higher centers of gravity like vans and SUVs are prone to rolling over when operated recklessly.
- Quick Turns – Ninety percent of rollovers happen when a vehicle runs off the road, hitting a curb or other obstacle that flips it. Tires may also be punctured and cause a car to flip.
- Routine Driving – Recent NHTSA figures indicate that ninety percent of vehicles in fatal, single-vehicle rollover crashes were routinely going straight or negotiating a curve at the time of the crash.
Other causes of rollover accidents include improperly loaded cargo, unfamiliarity with rural roads, dangerous weather conditions, and worn-out tires.
Types of Vehicles Commonly Associated with Rollovers
Although any vehicle can roll over, there is a preponderance on certain types of vehicles involved in rollover crashes. The main reason for vehicles to rollover are related to the design and lack of adequate safety testing. Two of the most well-known culprits involved in rollover accidents are the Ford Explorer, any year, and the Trailblazer, years 2002-2006.
Narrower, taller vehicles such as SUVs, pickups, and vans with a higher center of gravity, make them more susceptible to rollovers. These vehicles have a narrower track width, the distance between the left and right tires, than passenger vehicles. If they are driven in rural areas, a rollover accident is likely to happen.
It is important to know that the year of the vehicle does make a difference when it comes to filing a personal injury lawsuit. In Arkansas, the statute of limitations to file such a personal injury lawsuit involving a defective vehicle is three years. However, a defective vehicle, as in one with a higher center of gravity, could be governed by a Statute of Repose. This means that if you have been involved in a rollover crash, you have five years from the date the vehicle was sold by the car maker to file a lawsuit.
Fayetteville Rollover Accidents and Catastrophic Injuries
Many vehicle occupants are ejected from a vehicle during a rollover accident. This means some exceedingly serious, catastrophic injuries, or death. Some of those injuries include, but are not limited to:
- Internal organ damage;
- Amputations;
- Multiple broken and fractured bones;
- Brain trauma;
- Spinal cord trauma, paralysis;
- Neck and chest injuries;
- Whiplash;
- Herniated discs;
- Broken ribs, clavicles, and shoulders;
- Puncture wounds; and
- Death.
All passenger cars, vans, pickup trucks, and SUVs roll over under the right conditions. The IIHA revealed that a rook that crushes easily is one of the main contributing factors in rollover deaths and serious injuries. However, according to IIHS, SUV and pickup truck rollovers are more common than passenger car rollovers due to design flaws, including:
- Flimsy support struts;
- Seatbelt failure;
- Electronic stability control failure;
- Failure of the head restraints;
- Door lock failure;
- Faulty airbags;
- Airbags that did not deploy; and
- Unstable, unsafe gas tanks.
Rollover Accidents Do Not Always Involve One Vehicle
A large number of rollover accidents involve one vehicle and are the result of the driver making a mistake. However, this is not always the case. The rollover may be the result of external factors. The accident could have happened due to shoddy vehicle construction, meaning the manufacturer would be liable.
Other things to consider are which driver involved in an accident was negligent? This is important in the instance of a multi-vehicle collision. It is also important when it comes to insurance issues. The other vehicle’s driver may have been DWI/DUI, speeding, texting, tailgating, or made a driving error.
While rollovers account for approximately 2 percent of crashes across the nation, just about 35 percent of fatalities happen during rollovers. More than 10,000 Americans are killed in rollovers every year.
Proving Negligence in a Fayetteville Rollover Accident
If you were injured in a car crash due to a negligent driver, consider filing a personal injury lawsuit to pursue compensation for your injuries. You must show the driver acted negligently when operating their vehicle.
Four elements of negligence must be proven by the plaintiff in a personal injury lawsuit. They are:
- The plaintiff was owed a duty of care by the other driver (defendant).
- The defendant breached the duty of care to the plaintiff by driving recklessly.
- The cause of the accident was resulted from the poor actions of the defendant.
- The plaintiff sustained an injury or perished from the accident. A court may award damages in a settlement or verdict.
It is important to note that there is a statute of limitations when it comes to filing a personal injury lawsuit in Arkansas. The filing deadline in the state for personal injury lawsuits is three years from the date of the injury. If a claim is not filed within the deadline, the plaintiff’s case would not be heard by the court.
Do I Need a Lawyer for a Rollover Accident?
It is in your best interests to protect your legal rights if you do hire a skilled rollover accident lawyer. One of the major reasons is that insurance companies throw up roadblocks when you attempt to file a claim. If you do not have an attorney, they go out of their way to diminish or dismiss claims. Many insurance companies try to get you to settle quickly and for less than you would likely be entitled to if your case went to trial. Do not sign anything an insurance company wants you to sign, because you may be signing your legal rights away.
Do not delay obtaining legal advice or retaining an attorney. The longer you wait, the more difficult proving your case becomes. Having legal counsel can increase your compensation – a significant benefit if you have high medical costs, lost wages, cannot return to work, and may be facing a permanent disability requiring long-term care. Awards and settlements may be up to 3.5 times higher for accident survivors with legal counsel.
A statute of limitations kicks in when there is an injury or loss when the plaintiff discovers a defect or happens to learn of the cause of action. A statute of repose runs when a specified event occurs. An example would be a vehicle rollover as a result of a tall, narrow vehicle with a higher center of gravity. Rollover lawsuits are complicated and at the Law Office of Jason M. Hatfield, we’ve got your back and can answer all of your questions.
Contact the Fayetteville Office of Jason M. Hatfield Today
If you were involved in a Fayetteville rollover accident, reach out to the Law Office of Jason M. Hatfield by calling 479-361-3575. Our dedicated team of rollover accident lawyers is here to help.
Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: 479-361-3575