What Should I Do if I Am in a Rollover Car Accident?

When it comes to car accidents, only head-on collisions are more dangerous than rollover accidents. The National Highway Traffic Safety Administration (NHTSA) says rollover accidents account for more than a third of all fatalities from vehicular accidents.

Rollover accidents are those that cause the vehicle to move off its axis and roll. The vehicle might tip on its side, roll onto the rooftop, or do a complete 360-degree roll one or more times. 

No matter what you are driving or how the rollover accident occurs, you should initiate the following steps as soon as possible after experiencing one. 

Obtain Medical Care Right Away

With more than a third of vehicular deaths arising from rollover accidents, the potential is high for suffering serious personal injury. Whenever a rollover accident happens, getting medical treatment right away is the top priority.

Even if you think you are fine, it is possible to have suffered a life-threatening injury and not know it. Sometimes, catastrophic injuries take time to show themselves. 

A head injury is a good example. You might have struck your head or lost consciousness briefly and awaken feeling relatively normal.

However, if you suffered a concussion or more serious head injury and go home to rest, you might not get up again. There is a strong potential to become comatose or succumb to a head injury or other internal injury of which you were not aware immediately following a rollover accident. 

A trip to the emergency room could save your life and make it easier to initiate life-saving medical treatment right away. Getting medical treatment immediately also helps to determine the extent of injuries directly arising from the accident. 

Exchange Contact Information with Other Drivers and Witnesses

If you are not in immediate need of medical treatment and another driver was involved in the accident, you need to obtain that driver’s contact and insurance information. You also need to provide your information. 

If any witnesses are available and are willing to testify, you should exchange contact information with witnesses. A witness can help to corroborate your side of the story if a dispute arises over fault.

If a police officer arrives to handle the accident scene, you should do your best to ensure your side of the story is placed in the police report. If you are on your way to the emergency room and another motorist caused the accident, that driver will be the one to provide initial information to the police officer. 

That likely means you would get the blame for the accident. Even if you are in the emergency room and do not initially get your side of the story into the police report, you can have the police officer amend it afterward. 

The police report does not have any probative value in a court of law. However, your insurer will rely on it to determine fault. So will another driver’s insurer. 

File an Insurance Claim

You will need to file an insurance claim right away to obtain coverage for the accident. You should do that after obtaining medical treatment and avoid making statements that might be used to reduce a potential settlement. 

If your rollover is a single-vehicle accident, your insurer likely would find you at fault for the accident. But if there is another driver involved, your insurer could place the blame on that driver if there is evidence to support that conclusion. 

There could be many reasons why you are not at fault even in a single-vehicle rollover accident. However, those causes might not be readily apparent. 

That does not mean you are stuck holding the proverbial bill for damages in single-vehicle accidents. But proving you are not the liable party could take more work. 

Obtain Legal Representation

Whenever a rollover accident occurs that involves another driver or one or more third parties, you should obtain legal representation as soon as possible. When you retain a lawyer, all relevant insurers, debt collectors, and attorneys must communicate through your lawyer. 

You are responsible for making payments on medical bills and other costs related to the accident. However, bill collectors could not file negative reports with credit reporting agencies or take legal action against you until the case is resolved.

Your lawyer can interview any witnesses, depose another driver, and file a lawsuit and motions as needed. Your lawyer also could help you to create the best case by assessing available evidence and applying legal experience as a car accident attorney. 

File Legal Claims When Applicable

Your lawyer could help you to recognize damages and file claims for compensation. Many damages are those you might not consider but would apply. 

Potential damages claims could include pain and suffering for the physical pain and mental anguish that you endure. Pain and suffering are real damages that can leave mental as well as physical scars that last for life. Post-traumatic stress disorder is a good example of potential long-term damages arising from a rollover accident. 

If the rollover accident survivor is your spouse and the injuries are catastrophic, you could file a claim for loss of consortium. If you are the one who suffered catastrophic injuries, your spouse could file a claim for loss of consortium. 

Loss of consortium is a legal term that describes the loss of physical intimacy and contact that normally help to keep married couples happily together. When you or your spouse suffer catastrophic injuries or other injuries that affect your intimacy, a loss of consortium claim might be in order. 

Your car accident lawyer could help you to determine the range of potential claims that you could raise with your insurer or in a court filing. 

Determine the Cause and Potential Liability

If someone strikes your vehicle from the side or the rear and causes a rollover, that would be an obvious cause. However, rollovers often happen with just one vehicle. When a single vehicle rolls over, there could be many causes that have nothing to do with driver error. 

Road conditions might cause a rollover accident to occur. A road crew might be working on a repaving project and temporarily have two or more travel lanes at different levels. The shoulder of the roadway might be in poor condition and cause your vehicle to trip over the edge. 

If a third party is in control of a road construction project and does not properly warn drivers of potentially hazardous road conditions, that might trigger a liability claim. A construction company that is contracted to do roadwork could be liable for accidents that occur within the scope of the project. 

Possible Manufacturer Liability for Rollover Accidents

It is possible for an automaker, tire manufacturer, or parts manufacturer to be liable for claims arising from a rollover accident. If your vehicle suffered from a design flaw or had faulty equipment, the makers, distributors, and installers of that equipment could be liable for damages as well.

Some vehicles, such as an SUV, pickup, or minivan, are more prone to rollover accidents than the traditional family sedan. If a manufacturer defect causes the vehicle to lose control, a third-party claim could arise. 

However, you need to be able to show that a defect in the design, build, or maintenance caused the accident or significantly contributed to it. Your lawyer could help you to argue and prove such claims. 

Common Causes of Rollover Accidents

A rollover accident might happen because another vehicle struck yours. But it also might happen because of bad road conditions or other issues that were beyond your control.

Driver error is the single greatest cause of rollover accidents. That is why many are single-vehicle accidents. The respective drivers might have taken a turn too wide and tripped the vehicle on the road’s edge, curbing, or in the shoulder’s soft soil. 

Turning too sharply and overcorrecting with the steering also could cause a vehicle to pitch and go into a roll. There are many potential ways in which a rollover accident might occur. When the fault belongs to someone else, legal claims could help you to recoup your losses. 

Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Help Clients Recover from Their Accident 

Rollover car accidents can be especially devastating. If you were injured in such an accident, reach out to the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton. Our experienced legal team will investigate the cause of the accident and fight to secure the compensation for which you are entitled. Call us today at 800-547-4LAW (4529) or contact us online to schedule a free consultation.

Our offices are conveniently located in Baltimore, Glen Burnie, and Prince George’s County, where we represent clients throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Prince George’s County, Queen Anne’s County, Maryland’s Western Counties, Southern Maryland and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.