New York Rollover Accident Lawyer
Rollovers are among the scariest types of collisions you can experience. They can be traumatizing and life-altering for all involved, so you need empathy and understanding at this difficult time.
If you have been injured in a rollover accident, waste no precious time – contact a New York rollover accident lawyer today. You may be entitled to receive compensation for your injuries, and acting as soon as possible may increase your chances of success.
The empathetic attorneys at Hill & Moin have spent over 40 years litigating a variety of personal injury accidents. When you work with us, it’s like “having a lawyer in the family,” and we are happy to offer you a free consultation. Call us today at (212) 668-6000.
Types of Rollover Accidents
According to the IIHS, “a crash is classified as a rollover if the vehicle tips onto its side or roof at any time during the crash.” This may include:
- When a vehicle flips 180 degrees
- When a vehicle flips 360 degrees
- When a vehicle tips onto either side
2020 data from the IIHS reveals that about 50 percent of all passenger vehicle deaths occur in rollover accidents. In most of these cases, the vehicle leaves the roadway and results in an ejection, which increases the likelihood of death.
Rollover Accident Causes
There are several ways a rollover accident can happen. Each way is dangerous and has been known to cause severe injuries. Many rollover accidents are the result of a:
- Flip-over: A vehicle may strike an object and rotate along its axis, causing a rollover
- Bounce-over: A vehicle strikes a fixed object and rebounds, causing it to flip over
- Trip-over: A vehicle moving too quickly can suddenly come to a stop, causing it to rollover
- Climb-over: The momentum of a vehicle moving quickly can force it to climb over an object, lifting it totally off the ground and causing it to tip
- Fall-over: A heavy vehicle when moving down a steep pass or slope could lose control and tip over
- Turnover: A heavy or fast-moving vehicle may be subject to a sharp turn and rollover
- Collision: A vehicle that collides with another vehicle can cause it to roll or tip
- End-over-end: A vehicle can hit an immovable object and flip laterally, end-over-end
For decades, vehicle manufacturers and designers have known that SUVs, with their high center of gravity, were more likely to tip over. Despite the warnings, companies continued to sell dangerous SUVs, ignoring the problem.
Even as hundreds of people were dying in rollover accidents, neither companies nor the government did anything to fix the problem. Today, design defect controversies continue to dominate headlines.
Driving too fast can force a driver to make sudden movements to avoid an accident, which may cause the vehicle to flip.
Bad weather conditions
Weather conditions, like ice, snow, and wet pavement, can make roads slippery. This is true even when a vehicle is moving at a reasonable speed.
In some cases, accidents can be caused by horrible road conditions. For example, potholes can puncture tires and cause a driver to lose control of his or her vehicle. If that happens, your lawyer can use local or even state municipalities for failing to provide safe roadways.
New York is a No-Fault State
After being injured in a rollover accident, you may want to seek compensation. How can you get started locally?
New York is a no-fault state. This means that, if you decide to file an injury claim for a local accident, you would contact your own insurance company to cover your expenses. It is a very simple process, but the amount you can receive is limited to your PIP coverage.
PIP stands for personal injury protection. The minimum amount of PIP coverage you can purchase under your auto insurance is $50,000. Many drivers in New York pay the minimum for auto insurance, never expecting the worst to happen. However, when accident victims find themselves injured in a rollover accident, the PIP amount might not be enough to cover their expenses.
Comparative Fault Laws
Even if you believe the other driver is 100 percent to blame, the insurance company rarely admits to their policyholder’s complete fault. Instead, they will do whatever they can to blame the plaintiff for causing the accident, especially since New York uses a legal doctrine called comparative fault, which is applied to determine how much money you are due.
Your lawyer will not be the only one who conducts a thorough investigation of the accident. The opposing party will as well.
Once the investigation is concluded and the cases are made, fault will be assigned to both parties. This fault will be given on a percentage basis. For example, if you were found to be 10 percent at fault, then you can only receive 90 percent of the compensation you are due. A $100,000 settlement will then be reduced to $90,000.
This is just one of the many reasons why it is important to hire a personal injury attorney to handle your case: You need professional assistance to help prove your side of the story. You don’t want to miss out on compensation that you both need and deserve.
New York’s Severe Injury Criteria
You might need more financial support after a rollover accident than what your insurance may offer. If so, then you may be able to receive extra compensation. You should not attempt to file a claim on your own. There are specific qualifications set by the state for extra benefits.
Section 5102(d) of the New York insurance law says that serious injury criteria include:
- Significant disfigurement
- Permanent loss of use of body organ, function, member, or system
- Permanent consequential limitation of a body organ or member
- Loss of fetus
- Significant limitation of a body system or function
A medically determined but non-permanent injury keeps someone from his or her daily activities for between 90 and 180 days following the injury.
Other Common Injuries Caused by a Rollover Accident
The attorneys at Hill & Moin understand that rollover accidents can cause severe injuries. It is important for us to offer compassionate legal services to the residents of New York, especially since rollover accidents can be catastrophic. You could be eligible to receive non-economic damages for your extensive suffering.
Common injuries caused by rollover accidents include:
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Soft tissue injuries
- Organ damage
- Chest injuries
If your severe injuries qualify you for non-economic damages, this could substantially increase your final amount of compensation.
Who Can Be Held Responsible for a Rollover Accident?
Often, your insurance will cover the costs associated with your crash. No-fault insurance was created to help limit the number of personal injury accident lawsuits clogging up the court system. When the severe injury criteria qualifications are met, your lawyer will go to work. He or she can identify the party responsible for paying additional compensation.
Responsible parties could include:
- The vehicle manufacturer
- An NYC transportation authority
- A vehicle designer
- Another driver
- A pedestrian
There may even be more than one party at fault for the accident. If so, you may be able to get more compensation than you would if only one party were involved.
In any case, your rollover accident lawyer will know exactly how to handle the situation. Your legal team will attempt to negotiate a fair settlement on your behalf so as much of your losses as possible can be covered.
Types of Compensation a Rollover Accident Victim Can Receive
After an accident, life can be challenging. You may be facing an uphill battle as bills pile up while you are at home recovering. The good news is that the attorneys at Hill & Moin have been going toe-to-toe with insurance companies for decades. As part of the investigation process, we can work out every dollar you deserve for your injuries.
The types of compensation you can receive after a rollover accident include:
- Lost wages
- Current and future medical bills
- Permanent disability
- Physical therapy and rehab
- Loss of overall earning capacity
- Diminished quality of loss
- Pain and suffering
- Property damage
- Emotional distress
- Wrongful death
If you lost a loved one in a rollover, t-bone, or head-on car accident, your lawyer could file a wrongful death suit on your behalf. You have the right to receive damages to pay for medical aid and funeral expenses. If recklessness is involved, your lawyer may even be able to seek punitive damages.
How a New York Rollover Accident Lawyer Can Help
To receive extra compensation by qualifying serious injury criteria, you must be able to prove that you qualify. Dealing with the negligent party requires legal knowledge, experience, and evidence supporting your case. Your lawyer must not only have the necessary skills but should also be able to guide you towards receiving the compensation you deserve.
Your New York rollover accident lawyer can:
- Investigate the details of your case
- Gather all the evidence needed to prove your side of the story
- Request eyewitness statements, police reports, and medical records
- Work with top accident reconstruction experts to piece together the details
- Find respected medical professionals to establish the value of your injuries
- Negotiate a fair settlement with insurance companies
- Take the case to trial if settlement negotiations fail
Insurance companies know who they are working with. Many times, if you attempt to go at it alone, they will make lowball offers. They hope you are desperate enough for quick money to take whatever they throw at you.
A much better choice is to hire personal injury attorneys who know exactly what your injuries are worth over the course of time. They can fight for you every step of the way to help you get the compensation you deserve, so both your current and future needs are met.
Call Hill & Moin Today
New York rollover accident cases are complex. Our team at Hill & Moin is dedicated to protecting the rights of accident victims all over New York. Your story is important to us, so we are available 24/7 for a free case evaluation.
Call (212) 668-6000 today for Personal Injury Recovery SolutionsⓇ designed with you in mind. There’s no fee unless you win your case.
Don’t wonder about your rights!