Austin-Travis County law enforcement and EMS were on the scene of an accident on Christmas Day evening when a car rolled over, injuring five. One person sustained life-threatening injuries, while one sustained critical injuries and the others were treated but expected to make a full recovery. It can be said that despite their injuries, the occupants of the vehicle got off lucky, as rollover accidents have the potential to be extremely deadly.
Statistics Show High Fatality Rate
Rollover crashes have notably higher rates of death and injury than other types of car accidents, mostly because there is simply more weight that is being involved in the crash. In other words, the entire weight of a vehicle in a rollover crash can be in play to harm the occupants, while the majority of a vehicle’s bulk, if it remains on the ground, will not be used against the passengers by gravity. Only 2.1 percent of the standard auto accidents in 2010 were rollovers, and yet almost 35 percent of recorded fatalities in that year came in rollover accidents.
One possible explanation for this is that rollover accidents have been shown to have a higher rate of speed than most other types of crashes. Data from 2010 shows that as many as 40 percent of rollover accidents involved one or both parties exceeding the speed limit. This may also tie in with the fact that almost 75 percent of rollovers occur in rural areas, which often have a higher posted speed limit, to begin with.
Multiple Options to Pursue Compensation
If you are in a rollover accident, you have multiple legal theories that might bear fruit in terms of receiving compensation for your injuries. The most common is in personal injury, and if you decide to go this route, you must prove that the defendant breached the inherent duty of care that all motorists owe to each other by acting in the manner they did. In other words, you must show that their conduct is proof they did not exercise due care in driving their vehicle because it resulted in harm to you.
Many rollover accidents are also argued under a theory of product liability, especially if it can be shown that a part of the automobile demonstrably failed during the crash – for example, if the roof of an SUV caves in during a rollover crash, it might be argued that the car company failed in its duty to warn consumers that their products might be potentially dangerous if used a certain way, or in its duty to ensure that they made a safe product in the first place. It is important to investigate the feasibility of using this as a potential argument in your suit, especially if it is not possible to sue under a theory of personal injury liability.
Seek Experienced Legal Help From Our Rollover Accident Attorneys
Since rollover accidents can be so deadly, it can sometimes happen that an accident victim simply feels lucky to be alive. However, if you are harmed due to another person’s negligence, you have the right to seek compensation. The passionate New Braunfels rollover accident attorneys at the Bettersworth Law Firm are well versed in these cases and are happy to try and help you with yours.