While rollover accidents aren’t common here in Indianapolis, they’re deadly. Rollovers occur in only 3% of all traffic accidents but account for 30% of all traffic deaths.
These are some of the most complicated car accidents that happen on our roads. Up to 75% of all rollover crashes involve pre-rollover impacts, primarily two-vehicle and multi-vehicle collisions.
That’s why it’s so important to determine what happened in the moments before your rollover car accident. Did another car hit you in a chain-reaction collision? Did a big rig slam into you from the side? Did your car slide across loose gravel or get knocked sideways by a stray construction barrier?
Establishing the details of your accident will help clarify your legal avenues to claiming damages. Your Indianapolis rollover accident lawyers at Poynter & Bucheri Accident Recovery can help investigate the circumstances of your rollover crash, evaluate who may hold legal liability, and assertively pursue the compensation you’re due under the law.
Please read the information below to learn more about the dangers of a rollover accident and your legal options here in Indianapolis. For an individual consultation about your specific situation, contact us online 24/7 to request a free case review or call 1-800-265-9881 or (317) 780-8000 to speak with a member of the Poynter & Bucheri Accident Recovery legal team.
Why Do Rollover Accidents Happen in Indianapolis?
Rollover crashes have been studied extensively since the 1970s when the popularity of SUVs and large trucks contributed to a dramatic rise in rollovers. Since 1975, U.S. passenger car rollovers have increased 52%, pickup truck rollovers have increased 16%, and SUV rollovers have increased 1000%!
These figures from the Insurance Institute of Highway Safety (IIHS) led to a nationwide publicity campaign alerting drivers to the dangers of SUV and truck rollovers throughout the 1980s and 1990s. Auto manufacturers have since attempted to design vehicles that are less prone to flipping in crashes, but rollovers still happen.
SUVs, vans, trucks, and semi-trailers are the most prone to rollovers because they have tall profiles that are vulnerable to tipping. When a small, compact car is impacted, it’s most likely to skid while remaining upright. By contrast, a tall delivery van is likely to tip sideways and go into a roll.
It’s a common misconception the biggest risk of a rollover comes from a side impact. Statistics from the IIHS show that most rollover deaths (57%) involve frontal impacts, and side impacts are somewhat less common (23%).
As for what sets off these crashes, the causes vary. Some are due to bad weather, some are due to bad brakes, and many are due to bad drivers who behave negligently on the roads. Below are some of the most common causes of rollover accidents we see among our clients’ cases.
Driving or Sliding Off the Road
You might be surprised to learn that more than one-third of all Indiana road fatalities involve running off the road. When this happens, there’s a high chance of a rollover. Speeding is one of the top reasons for leaving the road surface and skidding into a rollover.
Adverse Conditions and Low Visibility
Bad weather might be an explanation for a rollover accident, but it’s not a legal defense. Drivers are expected to adapt to the current road conditions and make adjustments to drive safely.
You can introduce weather conditions as a factor in your accident. An insurance company, judge, or jury might be willing to consider a weather report that shows the driving conditions and supports your claim.
Poor Signs and Degraded Road Surfaces
Rollover accidents sometimes happen because old and missing road signs set the stage for something dangerous to happen. For example, a missing stop sign could allow two vehicles to crash and roll.
Another possibility is that something was wrong with the road surface. A study by the National Institutes of Health found that certain road geometry factors, including loose/degraded surfaces, significantly increase the risk of death and injury from rollovers.
After the crash, take photos and videos of the road sign and road surface issues that contributed to the accident. Your lawyer can help you determine whether a government agency, private company, or another party may hold some liability for your rollover crash.
Drunk or Drugged Driving
Do you know or suspect that someone was intoxicated in your rollover crash? Drunk and drugged driving is illegal in Indiana and an intoxicated driver could be held liable for what happened.
About 27% of all traffic fatalities involve drunk driving in Indiana. Our state also has plenty of cases that involve illegal drugs and legally-obtained intoxicating substances like cold medicine and pain medication. Any of these can contribute to intoxicated driving that causes a rollover crash.
Distracted Drivers and High Impacts
Distracted driving is a persistent problem in Indiana and across the U.S. When someone is too distracted by their phone, music, food, passengers, or something else, the result can be a catastrophic rollover crash. The CDC attributes more than 2,800 deaths and 400,000 injuries to distracted driving every year.
Equipment Failures
Dangerous equipment failures threaten everyone on the roads. This is why interstate trucking companies are so heavily regulated by the federal government, including a requirement to keep logs of equipment maintenance activities.
After a rollover crash, a driver, trucking company, auto shop, or government agency may have records that show a vehicle wasn’t properly maintained. There could also be relevant witness statements or expert testimony that supports your side.
Any vehicle – not just big trucks – can have an equipment problem that leads to a rollover crash. Another driver’s bald tires or failing brakes might be a factor that caused your accident and serves as evidence of negligence. Your lawyer can review the details of your case and advise you on what types of vehicle equipment issues might be relevant.
Objects in the Road
Rollovers can also happen when drivers encounter unexpected things in the road in front of them. It could be anything that obstructs the safe driving path: a deer, a dog, a pedestrian, a cyclist, a fallen tree, a large pothole, or debris that blew into the road.
Even if you try to avoid the dangerous object, you could make a fast maneuver that sends your vehicle into a rollover crash. Indianapolis rollover accident lawyers can determine an object in the road that set off your rollover and who might be responsible for the obstruction.
What are the Most Common Injuries in Indianapolis Rollover Accidents?
Rollover accident injuries are among the most severe car accident injuries due to the physical forces involved in the crash. Even with a seatbelt on, the human body whips around in a rollover crash and can suffer horrific injuries.
Common rollover injuries include:
- Bruises and scratches
- Skin damage
- Facial injuries
- Eye damage
- Tooth damage and lost teeth
- Hand, wrist, and elbow injuries
- Neck/shoulder damage like whiplash
- Broken bones
- Ribcage injuries
- Torn muscles and ligaments
- Back injuries
- Spinal cord injuries
- Abdominal injuries
- Organ damage
- Nerve damage
- Chronic pain
- Concussions
- Traumatic brain injury (TBI)
- Numbness and tingling
- Burns and scalds
- Chemical burns
- Paralysis
- Amputations
- Emotional damage
- Anxiety and depression
Your injuries could be short-term injuries with fast healing times, but they’re more likely to be long-term injuries from a rollover crash. It may take months or even years to fully recover from the accident.
What Should I Do After a Rollover Accident in Indianapolis?
Victims aren’t automatically compensated at the level they deserve after Indianapolis rollover accidents. Even if you’re severely injured, the insurance company could resist paying you the full amount you’re due.
Keep reading to learn more about how to protect your rights after a rollover crash and maximize your compensation. Your next steps strongly impact your case.
See a Doctor and Save Your Medical Bills
Don’t refuse medical treatment at the scene of the accident or this could be viewed as an admission that you’re not injured. See a doctor as soon as possible after your accident, even if you don’t go straight to the ER. Follow the doctor’s order about treating your injuries. Medical bills build the basis of a legal claim, so keep them and share them with your lawyer.
Build Your Case Based on the Evidence
Gather as much evidence as possible, including photos/videos from the scene of the accident, debris from your damaged car, witness statements, and the police report. Start a journal that captures your struggles after the accident. Take photos of your injuries, including any assistive devices like crutches. Show the impact of the rollover accident on your life.
Take Care With What You Say
Until you speak to your lawyer, don’t talk to others about your accident. This includes not speaking to the insurance company, which has an interest in using your words against you to pay as little as possible. Also, don’t share your feelings on social media or post photos of the accident.
Can I Win Compensation if I Was Partially to Blame for the Rollover?
If you’re worried that you’re partially at fault, here’s something important you need to know. It doesn’t necessarily ruin your case. Indiana uses the modified comparative fault rule for auto accidents and recognizes the concept of contributory negligence. This means liability will be assigned to each party as a percentage of 100% and you could be found partially at fault for what happened while still recovering compensation.
When you’re found to be 51% or more at fault for the accident, you’re ineligible to receive compensation. However, as long as your responsibility falls under the 51% threshold, you can recover compensation from the person who holds the majority of the blame.
What Types of Damages Can I Claim in a Rollover Crash?
Here in Indiana, the types of damages you can claim in car accidents include:
- Car damage
- Property damage
- Medical expenses
- Lost income
- Pain and suffering
- Wrongful death
One of the most important things you can do in an auto accident claim is to ensure you’re claiming the full value of your damages. Insurance companies attempt to save money by minimizing victims’ damages and trying to make them think they deserve a low level of compensation.
Your lawyer, on the other hand, is on your side and is trying to maximize your compensation. A lawyer typically requests about three to five times the amount of out-of-pocket damages to compensate clients for pain and suffering, which can be significant in a rollover crash.
When you work with Poynter & Bucheri Accident Recovery, our Indianapolis rollover accident lawyers have the expertise and resources it takes to research the full value of your claim and boldly demand what you deserve. We’re here to serve as your legal representation while you rest and recover from your injuries.
You Can Talk to Someone Right Now About Your Case!
We want to begin working on your rollover case as soon as possible. Request a legal review or chat with a representative 24/7 on our website. You can also call 1-800-265-9881 or (317) 780-8000 to speak with a member of our legal team. We’ll answer your questions and fight for you.
Our clients have received high-value compensation for car accidents right here in Central Indiana. In most cases, there’s no need to go to court because our legal team can help you arrange a settlement or insurance payment that covers your costs and allows you to move forward from the accident.
Poynter & Bucheri Accident Recovery – Indianapolis Rollover Accident Lawyers
If you or a loved one have been injured physically or mentally by a person, product, or company, you need to know your legal rights. Our Indianapolis Rollover Accident Lawyers are experienced with cases like yours and can evaluate what your case may be worth. We will ensure that you are protected and compensated for your injuries and losses.
For an individual consultation, contact us online 24/7 to request a free case review, or call 1-800-265-9881 or (317) 780-8000 to speak with a member of the Poynter & Bucheri Accident Recovery legal team.