New Orleans Rollover Accident Attorney: Peter Diiorio
What Causes Rollover Accidents?
A rollover car accident is considered to be one of the most dangerous types of car accidents. While relatively rare (the Insurance Institute for Highway Safety estimates that about 3 percent of all car accidents are rollover accidents), rollovers account for up to a third of all highway fatalities. The LSU Center for Analytics & Research in Transportation reported in 2021 that in the state of Louisiana, there were 8,939 “non-collision with motor vehicle” accidents, which generally speaks to rollover accidents. Four hundred and sixty-three of those accidents involved a fatality. In Orleans Parish, there were 637 “non-collision with motor vehicle” accidents, with 32 of those including a fatality.
A rollover accident involves a vehicle tipping over or flipping over onto the roof or side, sometimes flipping multiple times before it stops. While a rollover accident can occur in any vehicle, they are more common in vehicles with a higher center of gravity, like SUVs, pickup trucks, or passenger vans (SUVs have the highest rate of rollover accidents). These vehicles tend to have a higher center of gravity and a narrower distance between right and left tires than typical passenger cars.
Vehicle rollover accidents tend to reflect the interaction between the driver, road, vehicle, and any environmental factors. This means that driver negligence tends to be a factor in many rollover accidents. If you have been involved in a rollover accident, it is important that you speak to an experienced New Orleans rollover accident attorney from New Orleans Legal to ensure your rights are protected throughout the claims process.
Is a Rollover Accident Considered an At-Fault Accident?
Whether a rollover accident will be considered an at-fault accident depends on many factors, most importantly, the cause of the accident. The vehicle could have hit a curb, a guardrail, uneven pavement, or other road hazards, causing it to tip, then flip over. The driver could have turned too quickly or sharply for the speeds, causing a rollover. The vehicle could have rolled down a steep embankment when the speed driven was too high for the road, or the vehicle could have received a side impact from another vehicle, causing it to roll over.
Any of these scenarios can be true of a New Orleans rollover accident. However, driver error remains the top cause of rollover accidents. Driver error can include distracted driving, driving while overly fatigued, excess speed, impairment, aggressive driving behaviors, lack of driving experience, “oversteering,” lack of familiarity with the road, or improperly loaded cargo.
Since the majority of rollover accidents involve only a single vehicle, you may wonder who is at fault for such an accident. If another car hit you from the side, causing your vehicle to roll over, then that driver may be at fault. If you are the driver of a rollover accident with no other vehicles involved, then driver error may be determined as the cause of the accident.
What Are Typical Injuries Sustained in a Rollover Accident?
Drivers and passengers inside a vehicle experiencing a rollover accident can be ejected if they are not wearing a safety belt. During a rollover accident, injuries typically affect the head and neck, abdomen, upper and lower limbs, and the thorax, with the head and neck being the most vulnerable. Traumatic brain injury, spinal cord injury, broken bones, and internal injuries are common, either from being slammed into a fixed object, coming into contact with broken glass and torn metal, or being ejected from the vehicle. Amputation of limbs can occur, as well as partial or total loss of vision or hearing and loss of teeth or other dental injuries.
Those who sustain a traumatic brain injury from a rollover accident could face serious cognitive and emotional issues, resulting in limitations that impact day-to-day living. Spinal cord injuries can result in partial or complete paralysis, which are life-threatening and life-altering injuries. Broken bones can cause not only an immediate loss of independence and an inability to work but also chronic pain resulting from the fractures and broken bones. Facial lacerations can lead to scarring and disfigurement, in turn causing serious emotional trauma.
How Long Could It Take to Recover from a New Orleans Rollover Accident?
The length of time it takes you to recover from your rollover accident will be dependent on the severity of your injuries. If you suffered a traumatic brain injury or spinal cord injury, you might never fully recover. Broken bones may heal in six weeks or so but could cause you pain and mobility issues for much longer.
Concussions can largely heal but can also cause lasting, residual health issues like chronic headaches or neck pain. Lacerations can heal within a few weeks but could cause scarring and disfigurement that could require multiple surgical procedures. Internal injuries and internal bleeding are usually “fixed” while you are hospitalized but can leave you with residual pain and other health issues.
Are You Entitled to Compensation Following a New Orleans Rollover Accident?
Your own insurance company may be responsible for the damages to your vehicle, as well as your injuries, lost wages, and other damages—if the accident is deemed to be driver error on your part and no other vehicles were involved. It is important to recognize that even though it is your insurance company, once they are faced with paying out a claim, they will treat you the same as if you were not their customer. This means that, like all insurance companies, they will do their best to deny, delay, or pay as little as possible out for your claim.
This also means that having a knowledgeable New Orleans rollover accident attorney by your side can make the process go much more smoothly and can help you get the compensation you need. Your insurance company is likely to raise your insurance rates after paying for your rollover accident—and could even cancel your insurance altogether, particularly if impairment was a factor.
Under certain circumstances, a flawed or dangerous vehicle design could have either caused the accident or could be responsible for much more serious injuries. Roof crush is a primary contributing factor in deaths and serious injuries associated with rollover accidents. The government requires vehicle roofs to sustain no more than five inches of crush while supporting 1.5 times the weight of the vehicle. If there was more than 5” of crush, negligence may be assigned to the manufacturer of the vehicle through a product liability claim.
How a New Orleans Rollover Accident Attorney from New Orleans Legal Can Help
Having an experienced New Orleans rollover accident attorney from New Orleans Legal by your side can make all the difference following your rollover accident. Because rollover accidents can be more complex regarding the issue of liability, this is not something you should attempt to handle on your own. Attorney Peter J. Diiorio can help you through this difficult time through highly personalized service and aggressive, effective legal representation. At New Orleans Legal, we are proud to provide the highest standards of excellence, compassion, and integrity. As a client of New Orleans Legal, you will speak directly and work directly with attorney Peter J. Diiorio rather than support staff. Contact New Orleans Legal today.
