SUV Rollover Accidents

The relative size and weight of a vehicle are important factors in predicting the severity of injuries and the likelihood of a fatality in multi-vehicle crashes. In this respect, occupants of sport utility vehicles (SUVs) tend to fare better than people in smaller, lighter-weight vehicles, such as sedans or coupes. However, when it comes to rollover accidents – an accident in which an automobile flips over onto its side or its roof – SUV drivers and passengers are much more likely to be killed or sustain a catastrophic injury. In fact, rollover accidents are among the leading causes of motor vehicle collision fatalities in Florida. If you or a family member has been involved in an SUV rollover accident, the Pembroke Pines car accident lawyers at Cohn & Smith can help you explore your options and assert your rights.

In terms of basic dynamics, SUV rollover accidents fall into two categories. “Tripped” rollovers occur when an SUV or another vehicle strikes an object, such as another vehicle or a curb. An “untripped” rollover, by contrast, happens due to instability caused by speed, steering, and friction. According to the National Highway Transportation Safety Administration, nearly 85% of fatal rollover accidents are single-vehicle events, and 95% of these single-vehicle rollovers appear to be tripped. Tripped rollovers most commonly occur when one side of a vehicle digs into soft soil along the side of the road, hits a guardrail or curb, or goes down a steep slope. Untripped rollovers tend to happen when a top-heavy vehicle attempts to avoid a collision while traveling at a relatively high speed.

When a rollover accident is caused by the negligence of another driver, the injured person has a right to seek monetary compensation for his or her damages, usually including property damage, past and future medical expenses, lost wages and loss of future earning capacity, and pain and suffering. The victim’s spouse may also seek compensation for loss of consortium. In fatal accidents, the survivors and the victim’s estate may bring a wrongful death lawsuit, aiming to recover medical expenses associated with the accident, funeral and burial costs, lost net earnings to the estate, and related damages.

In order to prevail in a negligence lawsuit, a plaintiff must show four things, and each must be proved by a preponderance of the evidence:

• The defendant owed the plaintiff a legal duty of care;
• The defendant failed to uphold the applicable standard of care, thereby creating a breach of duty;
• An accident resulted directly from the breach; and
• The plaintiff sustained quantifiable damages because of the accident.

Under the pure comparative fault doctrine used in Florida, the plaintiff’s damages award may be reduced in proportion to any fault assigned to him or her by the trier or fact, but it will not be completely eliminated if any responsibility for the crash was borne by the defendant.

To discuss the details of your SUV rollover accident case with an experienced motor vehicle collision attorney, call Cohn & Smith at (954) 431-8100 or contact us online. Our Pembroke Pines attorneys represent injured individuals in many areas of South Florida, including Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Coral Springs, Pompano Beach, and communities throughout North Dade County. There is no charge for the initial consultation, and, in most cases, we do not seek any fees unless we recover compensation for you.