Partner at AKD Lawyers
Practice Areas: Personal Injury
Rollover accidents are among the most dangerous and life-altering types of vehicle crashes. When a vehicle flips onto its side or roof, the force of the impact can lead to serious injuries, significant property damage, and emotional trauma. These incidents are widespread in SUVs and trucks due to their higher center of gravity, which increases the risk of rollover accidents during sudden maneuvers or collisions.
If you or someone you care about has suffered injuries in a rollover accidentIt’s critical to comprehend your legal rights and options in Louisiana. Knowing the causes behind these crashes and the types of injuries they often lead to can help you make informed decisions. Whether it’s filing an insurance claim or pursuing compensation through legal channels, taking the proper steps early on can make a difference in your recovery and financial stability.
What Is a Rollover Accident and Why It’s So Dangerous
A rollover accident occurs when a vehicle flips onto its side or roof, often leading to severe injuries. SUVs, vans, and trucks are more prone to rollovers due to their high center of gravity. According to the NHTSA, rollover crashes make up nearly 35% of all passenger vehicle fatalities. These accidents carry a high risk of ejection, roof collapse, and serious harm, especially when safety systems fail.
Common Causes of Rollover Accidents in Louisiana
Rollover accidents often result from a mix of speeding, driver error, poor road conditions, and vehicle design. In Louisiana, rural roads and high-speed interstates add to the risk. Speeding and sudden maneuvers, especially on uneven or wet roads, can cause a vehicle to flip. Rural rollovers frequently involve a single car that overcorrects or loses control. Taller vehicles like SUVs and trucks are smaller in build, and their high center of gravity makes them prone to rollovers.
Rollover Accident Injuries: What Victims Commonly Face
Injuries from rollover accidents range from minor to life-threatening. These crashes often result in the following:
- Traumatic brain injuries (TBI) due to violent shaking or direct head impact.
- Spinal cord injuries may lead to partial or complete paralysis.
- Broken bones, especially in the arms, ribs, or legs.
- Crush injuries are often caused by roof collapse or being pinned inside.
- Internal bleeding and organ damage due to blunt force trauma.
- Emotional injuries like PTSD, anxiety, and depression after the crash.
SUVs are up to three times more likely to roll over than regular passenger cars. The long-term effects of these injuries can interfere with a person’s ability to work, drive, or live independently. Recovery often includes surgeries, rehabilitation, therapy, and ongoing medication—all of which can be financially draining.
Legal Rights and Liability in a Rollover Accident
Understanding who is legally responsible after a rollover accident is key to recovering compensation. Louisiana follows a comparative fault rule under Civil Code Article 2323. This means your compensation can be reduced if you are found partially at fault for the crash.
Louisiana follows a comparative fault system under Civil Code Article 2323. This means your compensation may be reduced based on your percentage of fault in the crash
In many cases, liability may lie with:
- Another driver who caused the rollover through reckless or negligent actions.
- The vehicle manufacturer, if a defect contributed to the rollover.
- A local government, if poor road maintenance was a factor.
Establishing fault may require accident reconstruction, expert analysis of the vehicle, and review of the road conditions. A thorough investigation strengthens your ability to prove negligence and demand fair compensation.
What Insurance Covers in a Rollover Collision
In Louisiana, understanding your car insurance policy is essential if you’ve been in a rollover accident. The following types of coverage may apply:
- Liability insurance pays for injuries and property damage to others if you’re at fault.
- Collision coverage helps repair or replace your vehicle regardless of fault.
- Medical payments (MedPay) can cover medical expenses for you and your passengers.
- Uninsured/underinsured motorist (UM/UIM) coverage helps if the at-fault driver has little or no insurance.
What does “rollover” mean in insurance? It refers to a covered event where your car flips, and whether or not your policy includes collision coverage will determine what compensation is available.
If the insurance company undervalues your damages or denies your claim, you have the right to challenge their decision, especially when your policy should apply.
What to Do After a Rollover Accident in Louisiana
The first moments after a rollover crash are critical. Prioritize safety and seek medical help right away. Even if you feel fine, some injuries may not be immediately noticeable.
Next, call law enforcement to file an official accident report. This report can be substantial evidence if you file a claim or lawsuit.
Document the scene by taking photos of the damage, injuries, road conditions, and anything else that may help prove what happened. If there are witnesses, get their names and contact information.
Keep records of your medical treatment, bills, and time missed from work. These documents will support your case if you pursue compensation.
Table: Common Causes vs. Risk Factors in Rollover Accidents
| Cause of Rollover | Contributing Risk Factors |
| Speeding | Loss of control, decreased stability |
| Tire blowout | Poor maintenance, manufacturer defect |
| Evasive maneuvers | Swerving to avoid debris or obstacles |
| Slippery or uneven road surface | Weather conditions, potholes |
| Vehicle design | High center of gravity, top-heavy build |
Frequently Asked Questions
What makes rollover accidents more dangerous than other crashes?
Rollover accidents are more likely to result in severe injuries or fatalities because they involve a high degree of impact, possible roof crush, and ejection risks.
Can I sue the vehicle manufacturer if a defect caused my rollover?
Yes, if a defect in the vehicle’s design or components contributed to the accident or worsened injuries, the manufacturer may be held liable under product liability law.
How long do I have to file a lawsuit after a rollover accident in Louisiana?
Under Louisiana law, you typically have one year from the date of the accident to file a personal injury lawsuit.
Will insurance cover all my medical expenses after a rollover crash?
It depends on your policy’s limits and fault determination. Some policies may have MedPay or UM/UIM coverage, but you may still need legal help to get full compensation.
Do I need an attorney if the insurance company offers a settlement?
It’s recommended. Insurance companies often offer low settlements quickly. An attorney can help assess the actual value of your claim and negotiate on your behalf.
Conclusion
Rollover accidents can leave victims with severe wounds, financial hardship, and a protracted recuperation period. Understanding how these crashes happen, who may be at fault, and what legal options are available is essential. Louisiana’s laws offer a path to compensation, but you must act quickly and gather strong evidence.
Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
