A woman was killed when her vehicle rolled over early one morning, landing in a field near Highway 151 and Pinn Road. There were two car seats found in the back of the vehicle, though no evidence of passengers was immediately clear. Law enforcement said that the woman was ejected from the vehicle because she was almost certainly not wearing a seatbelt and that the immediate cause of the accident was most likely the vehicle hitting the curb and rolling. While no other vehicles appeared to be involved in the crash, this fact pattern does not always repeat itself in rollovers. If you or a loved one has been in a rollover accident, it is possible that you were injured due to someone else’s negligence, and if this is the case, you may be entitled to compensation.
Rollover Accidents Are Deadly
Because of the sheer nature of rollover accidents, with so much weight moving around, rollovers are generally more likely to cause injuries and deaths than other types of car crashes. Statistics from the National Highway Traffic Safety Administration (NHTSA) estimate that while only about two percent of accidents are rollovers, those accidents cause as many as 35 percent of all car crash fatalities. This number may even be higher if one factors in a lack of seatbelt usage – approximately 70 percent of those killed in rollovers were not wearing seatbelts at the time of their accidents.
Because rollover crashes can be so violent, the types of injuries that a rollover victim can sustain, even if they survive, are varied and will often be quite severe. They can be as simple as broken bones, cuts, and bruises, or they can be as complex as traumatic brain injuries, total or partial amputations, and spinal problems. Either way, if you believe that you were injured due to someone else’s negligence, bringing suit may be an option.
Who to Sue?
Some rollover accidents are the fault of the driver, and no one else. However, there are several situations in which a rollover accident can be laid at the fault of another actor, even if it was a ‘single-vehicle’ accident (in other words, that no second vehicle was immediately apparent at the accident scene). Single-vehicle accidents can be caused by another driver – for example, a car that swerves in front of yours, causing you to take quick evasive action that might cause a rollover, would still likely be found at least partially liable for your injuries.
Another common way that another actor might be culpable in your accident is if there was a defect in your car. For example, sport utility vehicles have a higher center of gravity than regular automobiles, and if an SUV is balanced improperly during production, it is much more likely to tip over. If you believe a defect in your car is responsible for your accident, you may be able to bring a suit under a theory of product liability. Product liability cases are not easy to win in Texas – unlike in other states, sellers are generally indemnified against many liability actions, and there are strict criteria a plaintiff has to show in order to establish liability against the manufacturer.
Call a New Braunfels Rollover Attorney
There has been no discussion about any action that the family of the deceased woman at Highway 151 and Pinn Road might pursue, but if you have been through a rollover accident, you may want to pursue a civil suit. If you have questions or concerns about the process, contacting a skilled New Braunfels rollover accident attorney at the Bettersworth Law Firm can help get them handled. Contact our office today at 888-392-0039 to schedule a free consultation.