A rollover accident occurs when a vehicle rolls onto its roof or tips over during an accident. During rollover accidents, drivers or passengers may be completely or partially ejected from the vehicle, which increases the potential for fatal or catastrophic injuries. If you were injured or a loved one was killed as the result of a rollover accident, contact a Syracuse car accident attorney at DeFrancisco & Falgiatano for a consultation. We have experience with these types of cases and may be able to help.Rollover Accidents
There are many different reasons rollover accidents may occur. Excessive speed is a common cause of rollover accidents. These accidents may also result when a driver loses control of a vehicle that slides sideways and trips over an obstruction, such as a guardrail or curb. Rollovers can also occur if a driver makes a sharp turn while traveling at high speeds and shifts the balance of the car. Sometimes, drivers may operate a vehicle recklessly and cause a rollover because alcohol or drug use has impaired their judgment. During multi-vehicle accidents, the force of the collision may also cause the cars to rollover. While many vehicles have electronic stability controls, in some cases, design or manufacturing defects lead to rollover accidents. Similarly, vehicles that experience tire failure or separation are also more likely to roll over.
When the cause of a rollover accident is not clear, it may be appropriate to retain an accident reconstruction expert.Liability
New York is a no-fault state. This means that car accident victims must first turn to their own personal injury protection (PIP) coverage to recover certain economic losses. Only after meeting a certain threshold for serious injuries may an injured party sue for damages. When rollover accidents result in serious injuries, the financial costs may exceed the no-fault coverage and allow you to sue in court.
You may be able to recover compensation if you are able to establish another’s liability for a rollover accident. You will need to show it’s more likely than not: (1) the defendant owed you a duty to use reasonable care, (2) the defendant breached the duty to use reasonable care, (3) causation, and (4) damages. For instance, if you suffered a spinal cord injury in a rollover accident after another driver slammed into your car while speeding and driving under the influence, your lawyer may be able to establish negligence and recover damages for you.
The insurer for the other driver may look at whether you were partially or fully to blame for the rollover. Under the rule of comparative negligence, the court may reduce your damages by an amount that’s proportionate to your fault for the accident.
Sometimes, multiple drivers are at fault for a rollover. New York follows the rule of joint and several liability for economic damages arising out of personal injury. Generally, under this rule, a plaintiff may hold a defendant wholly responsible for the total amount of damages, regardless of his individual responsibility. Economic damages for which a defendant may be jointly and severally liable even if he bears only a small percentage of fault include medical bills, rehabilitation, and out-of-pocket costs. However, if a defendant is found to be less than 50% responsible for the rollover, he will only be severally liable for noneconomic damages. He will only need to pay according to proportion of responsibility for pain and suffering, mental anguish and similar intangible harms.Retain an Experienced Syracuse Attorney
Often, rollover accidents result in catastrophic injuries or wrongful deaths. If you were injured in a rollover accident, you should discuss whether you have a viable claim with the seasoned trial lawyers of DeFrancisco & Falgiatano. Our firm represents people in Rochester and Syracuse. We also represent clients in Upstate New York cities like Canandaigua, Oswego, Lyons, Oneida, Cooperstown, Binghamton, Auburn, Elmira, Lowville, Wampsville, Watertown, Ithaca, Herkimer, and Utica. Call DeFrancisco & Falgiatano at 315-479-9000 or via our online form.