Recently, a rollover accident in the 2600 block of North Lamar Boulevard in Austin killed one person. The person was transported to Dell Seton Medical Center with “critical, life-threatening” injuries, but was pronounced dead not long after arrival. Sadly, this is too common in rollover crashes; this type of crash is so disproportionately deadly that if you survive, you can unfortunately almost guarantee that your medical bills will be severe. While a majority of rollover accidents are single-vehicle crashes like the North Lamar Blvd crash, this does not necessarily mean that no one else may be liable for your injuries.
Causes and Origins
While much of the data regarding rollover accidents in the United States is slightly outdated, there are still patterns that one can learn from in these findings. The National Highway Traffic Safety Administration (NHTSA) estimates that while only around 2 percent of all the vehicle crashes in 2010 were of the rollover type, those accidents yielded nearly 35 percent of all the traffic fatalities in that year. The data also noted that the majority of those killed in rollover crashes were not wearing seatbelts (roughly 70 percent).
Certain statistical trends can also be noted if one examines the data, and these trends can give insight into when and why a rollover crash is most likely to occur. For example, the data shows that roughly 40 percent of rollover crashes were all or partially due to excessive speeding, and almost three-quarters (75 percent) happened in zones where the speed limit was over 55 mph. In addition, alcohol plays a role in around half of all rollovers, with a higher concentration in crashes that happen after midnight.
How to Establish Liability?
Because of the high percentage of single-vehicle rollover accidents, you may start at a disadvantage if you are trying to argue that someone else’s negligence played a role in your injuries – “single-vehicle” means that only one vehicle is affected or damaged, after all. However, many rollover accidents are caused by outside factors that can be proven to have played a role in causing your crash. For example, if you believe that your crash was caused by a defect in your vehicle, such as stuck seatbelts or weak roof pillars, you can file suit against its manufacturer under a theory of product liability.
Whether in negligence or product liability, you can file a suit against the person or entity that you believe played a role in your accident – usually, this means establishing that if not for the actions of that actor, the accident would not have happened. Be advised that in Texas, you can recover even if you are ruled to have been partially at fault; as long as you are ruled less than 50 percent at fault, you may still be able to recover at least partially for your injuries.
Call a New Braunfels Rollover Accident Attorney
Because rollover accidents can be so potentially dangerous, the stakes are high if you are involved in one. If you have questions or concerns about how best to proceed after a rollover, the dedicated New Braunfels rollover accident lawyers at the Bettersworth Law Firm can sit down with you and try to ensure those questions are answered. Call our offices today at 888-392-0039 to set up a free consultation.