In the early hours of November 1, a significant rollover crash occurred on I-37 South, near Mathis Road. Two people were thrown from their car as it flipped over, sustaining serious injuries, while a second passenger sustained less severe damage to their person. The victims were taken to University Hospital and San Antonio Military Medical Center, respectively, in stable condition. All the victims in the crash can be said to be quite lucky to escape with only experiencing relatively mild harm – rollover crashes are by far the most deadly type of car accident, and if someone is held liable for injuries suffered by another person in a rollover, the bills can be very high.
Rollovers Can Be Deadly
Rollover accidents comprise only a small percentage of all car crashes in any given year – the National Highway Traffic Safety Administration (NHTSA) estimates that roughly 2 percent of auto accidents in a year are rollovers. However, those accidents involved approximately 35 percent of all fatalities sustained in car crashes. Also, as many as 85 percent are single-vehicle accidents, meaning that very often, any liability lays on the driver’s head. Rollover crashes can be profoundly dangerous, as can be seen.
Rollovers have some of the usual car accident causes, such as speed, misuse of alcohol or other substances, or driver inattention – for example, the NHTSA reports that nearly half of fatal rollover crashes involve alcohol. However, some causes are more unique to rollover crashes – for example, many more sport utility vehicles and pickups roll over than standard sedans. In an SUV, the center of gravity is higher, and may not be as well balanced as a four-door or two-door car’s might be, thus allowing the vehicle to require less of a push to tip over.
Who Is Liable?
Because so many rollovers are considered single-vehicle accidents, people bringing suit for injuries is less common than it might be with, say, a head-on collision. People think that there is no one to hold liable. In reality, this may not always be the case, namely because many “single vehicle accidents” are not truly such. Another car might have engaged in some behavior – for example, a sudden turn or swerve – that caused you to take evasive action and crash; that driver might still conceivably be at least partially liable if they could be located.
It is also possible in some rollovers that there might be either a tort claim against a city or municipality or a product liability action. Rollover accidents can very easily be caused by defective tires or any other part that might affect the vehicle’s center of gravity, and it is sometimes worth bringing a product liability action to hold the manufacturer accountable. If the road was in poor condition, or hazards were poorly marked, that might be enough to allege liability on the part of the Texas Department of Transportation or the city maintaining the road. As long as you, the plaintiff, are held to be less than 50 percent responsible for your own injuries, you will prevail in your case.
Can a Texas Rollover Accident Attorney Help You?
Because rollover accidents are so dangerous, it can seem tempting to simply focus on healing and spending time with your loved ones. However, if someone else’s negligence caused harm to you, you deserve compensation to make your recovery a little easier. The passionate New Braunfels car accident attorneys at the Bettersworth Law Firm can try to answer your questions about how best to proceed with your case. Call us at 888-392-0039 to set up an appointment.