Rollovers are dangerous and frightening accidents that can leave you with serious injuries or be fatal. Over time, carmakers have made vehicles safer, but rollover accidents still have a high risk of causing deaths.
If you were seriously hurt in a car crash in Yonkers, NY, you might be eligible for compensation for your injuries. Typically, these accidents occur when a negligent driver doesn't follow transit rules.
If that is your case, don't hesitate to contact a rollover accident lawyer from The Ward Law Group. Our compassionate and experienced lawyers can assist you in every step of your case until you receive fair compensation for your loss.
Common Causes And Factors Contributing To Rollovers
We know these accidents are dangerous because of the nature of the impact. The vehicle's occupants may hit hard surfaces several times, and if the driver or passengers do not use their seatbelt, it can launch them from it.
They can also suffer from dismemberments or crushing injuries in their limbs if one of their arms gets trapped out of the window while the car smashes against the road.
High Center Of Gravity
Vehicles with a high center of gravity, such as SUVs, trucks, and vans, are more susceptible to rollovers. This is because they tip over when the center of gravity shifts during sudden maneuvers or turns.
Imagine an SUV taking a sharp turn at high speed. The top-heavy nature of the vehicle may cause it to roll over if the turn is too abrupt.
Uneven or obstructed road surfaces can cause a vehicle to lose stability, leading to a rollover. This could be due to potholes, debris, or sudden changes in terrain. For example, If a driver encounters a large pothole at high speed. The impact would cause the vehicle to lose balance and rollover.
A sudden loss of tire pressure, often due to a blowout, can lead to losing control. This is particularly dangerous when a driver overcorrects or travels at high speeds.
A car traveling on a highway experiences a sudden tire blowout. The driver may lose control, leading to a rollover if they overreact.
A T-bone accident occurs when one vehicle collides perpendicularly into the side of another. This impact can cause the struck vehicle to spin or tip, potentially leading to a rollover.
For instance, A car runs a red light and collides with the side of another vehicle at an intersection. The force of the impact causes the struck vehicle to roll over.
Impaired drivers have reduced coordination, slower reaction times, and poor judgment. This increases the likelihood of losing control of the vehicle, which can lead to rollovers.
A driver under the influence swerves erratically on the road. They fail to navigate a turn properly, causing the vehicle to roll over.
Sudden Evasive Maneuvers
Abrupt maneuvers, such as swerving to avoid an obstacle or another vehicle, can shift the vehicle's weight distribution and lead to a rollover.
Carrying excessive or improperly secured loads can raise a vehicle's center of gravity, making it more prone to rollovers, especially during sudden maneuvers.
Type Of Vehicle Rollover Accidents in Yonkers
Tripped rollovers are the most common type of rollover accidents. They occur when a vehicle's tires come into contact with an external object or obstacle, which initiates the rollover motion.
Untripped rollovers occur without any external object or obstacle causing the rollover motion. Instead, they are usually the result of dynamic factors within the vehicle itself.
For instance, when a vehicle is in motion, typically during high-speed maneuvers or abrupt steering. These often involve a high center of gravity, sharp turns, and rapid direction changes.
Legal Aspects of Rollover Accidents in Yonkers
In Yonkers, as in the rest of New York, establishing fault and liability in rollover accidents is crucial to personal injury claims. Factors such as driver negligence, road conditions, and vehicle defects are carefully examined to determine liability.
Driver negligence may include reckless driving, distracted driving, or impaired driving due to substances. Additionally, if a vehicle's design or maintenance played a role in the rollover, the manufacturer or maintenance entity may be liable.
Eyewitness testimonies, accident reconstruction experts, and forensic analysis of the accident scene and vehicles involved often contribute significantly to building a solid case.
It's important to note that New York follows a comparative negligence system, meaning that even if the victim shares some fault, they may still be entitled to compensation. However, it could be reduced based on their level of responsibility.
How NY Laws May Influence Rollover Accident Cases in Yonkers?
New York State laws play a critical role in shaping the outcome of rollover accident cases in Yonkers. One key factor is the No-Fault Insurance Law. Under this law, victims of motor vehicle accidents, including rollovers, are entitled to certain benefits from their insurance company, regardless of who was at fault.
Rollover accident victims can receive compensation from the insurance company to pay for their medical costs. All drivers must have personal injury protection coverage (PIP).
The primary coverage can be up to $50,000. It will depend on each driver's capacity to pay a higher premium with extra coverage. They can also receive compensation for their lost income.
If their injuries don't allow them to work for several weeks or months, they can receive some compensation, too.
However, if the injuries exceed a certain threshold defined by law, victims can pursue a personal injury claim against the at-fault party.
Additionally, New York follows a statute of limitations for personal injury cases. This means a specific time frame within which a lawsuit must be filed.
This limit is three years from the accident date for most personal injury cases, including rollover accidents. Victims must initiate legal proceedings promptly to protect their rights to compensation.
Be aware that this timeframe will vary if the victim is a minor. In such cases, the victim can file a claim and seek compensation for an accident that may have happened years ago. When the victim turns 18, they can file a claim, and their three years to do so will start.
Another variation in the statute of limitation is when a government institution is involved in an accident. If you plan to file a claim to a government entity, you may need to send a notice of claim within 90 days after the accident.
If you fail to do that, it will not matter if you are under the three-year limit; you will lose your opportunity to file your claim.
Options for Pursuing Compensation for Victims
Victims of rollover accidents in Yonkers have several avenues for pursuing compensation. Firstly, they can file a claim with their insurance company to access no-fault benefits, which typically cover medical expenses and lost wages.
However, these benefits may be limited and may not fully address the long-term consequences of a rollover accident.
For more substantial compensation, victims often pursue personal injury lawsuits. This involves seeking damages from the party at fault, including medical expenses, lost income, pain and suffering, and other related costs.
It's crucial to have an experienced rollover car accident lawyer in Yonkers who can navigate the legal complexities and advocate for the victim's rights.
In some cases, if a defective vehicle or part contributed to the rollover, a product liability claim may be pursued against the manufacturer or distributor. This adds a layer of legal recourse for victims seeking comprehensive compensation.
Hire A Rollover Accident Lawyer
When you suffer severe injuries during a rollover car accident, you must focus on your recovery. It is hard for the injured victim and their family to face a legal procedure in those circumstances; we understand that.
Therefore, we offer our services to care for everything related to the laws and your best interests. We will fight tirelessly for you and ensure the insurance company provides full policy coverage.
Remember that you don't have to pay anything upfront. We will work until we win the fairest compensation for you. Don't hesitate to contact us at 855-DOLOR-55 for a free consultation of your case.