Who Is at Fault in a Roll Over Car Accident - NY Law

A rollover car crash can be devastating. In fact, these are some of the most catastrophic vehicle collisions and oftentimes cause severe injuries. On Long Island, roads are congested, weather conditions are unpredictable, and drivers are sometimes aggressive. These accidents can lead to terrible injuries, including spinal cord injuries, neck injuries, traumatic brain injuries, and even death.

Those who have been in a rollover accident have the right to seek compensation through a rollover accident claim. Before that can happen, though, fault must be determined, and the victim must have a personal injury lawyer helping them along the way.

The defendant driver caused a horrific accident, and the victim shouldn't have to suffer from not getting fair compensation.

The Law Office of Carl Maltese has been helping Long Island victims of rollover accidents for decades, and they can help anyone who is currently dealing with stress and anxiety following a New York rollover accident. They can also help with determining who is at fault in a single vehicle car accident NY.

What Is a Rollover Accident?

A rollover accident is caused when a vehicle is flipped over following a collision. Sometimes, these rollover collisions cause the car to roll several times before coming to a stop. Some motor vehicles are more at risk of getting into these accidents. They include vans, SUVs, and pickup trucks. The reason for this is that these models have a center of gravity that is higher than a typical car. That being said, any type of car can be involved in a rollover accident.

Some of the most common causes of rollover accidents in New York include:

• Collisions that occur due to high speeds

• One driver suddenly swerving their car into another car

• Driver error forcing a car against guardrails or curbs

• Poor roadway conditions like snow or ice

• Sudden tire blowouts

• Multi-vehicle collisions

• Vehicle design flaws

Those in rollover accidents often have numerous injuries like broken bones, blunt force trauma, brain injuries, spinal cord injuries, and more. Those who have injuries sustained from a rollover accident have the right to seek compensation by filing a car accident claim with both their own insurance company and the insurance company of the at-fault driver.

New York’s No-Fault Insurance System and Rollover Accidents

To fully understand how fault works in New York, its important to understand how New York State manages insurance. New York is known as a no-fault state. This means that each party in an accident will first recover compensation from their own insurance company. For common injuries, this might be enough. The injured person can get compensation for medical bills, lost wages, and reasonable out-of-pocket expenses.

However, New York also has a provision for serious injuries. A person seriously injured can file an injury claim to cover fractures, disfigurement, paralysis, traumatic brain injuries, and traffic fatalities.

This is done by filing a law suit against the at-fault driver's insurance company through a personal injury lawsuit. This is very difficult, however, because insurance companies never want to pay out a fair amount to those who need it. An attorney, however, will negotiate with the insurance company to get a fair settlement.

Common Scenarios: Who May Be at Fault in a Rollover Car Accident in NY?

To best understand how fault might be assigned, it can help to look at some scenarios of rollover accidents.:

Scenario #1 - Another Driver Caused the Rollover

In the majority of rollover accidents, another driver's actions led to the crash. For instance, if a person is hit from the side at an intersection, and the force of that impact caused the car to flip onto it's side, the other driver will likely be held liable. Some examples of this include:

• Driver A speeds through a red light and T-bones Driver B's vehicle. The vehicle flips a few times before coming to a stop.

• Driver A is driving legally when Driver B tries to merge into Driver A's lane without a signal or enough clearance. This causes Driver A to swerve out of the way quickly, but since Driver A has a large SUV, it tips over onto it's side.

• Driver A is legally driving on a Long Island roadway. Driver B is getting frustrated and tailgating Driver A. Driver B tries to pass Driver A who is forced off of the side of the road. Due to the careless driving of Driver B, Driver A's car flipped over the guardrail that it hit.

In all of these scenarios, the driver behavior of the at-fault person directly caused the accident.

Scenario #2 - Single-Vehicle Rollover Accidents

Though many rollover accidents occur due to the actions of another driver, some rollovers occur when only one vehicle is involved. In such incidents, it's commonly thought that the driver of the single car is the one at fault, but there are several other people who could also be at fault:

• Rollover Crash Due to Hazardous Road Conditions - If city road crews do not maintain the road in icy or snowy conditions, if they do not repair potholes, or if there are no signs indicating a sharp turn is ahead, it could be the fault of the city or state.

• Vehicle Defects Cause the Rollover Crash - If a car rolled over due to a tire blowout or design flaw, the tire company, a mechanic, or a vehicle manufacturer could be liable.

• Poorly Marked Construction Zones - If a construction company doesn't properly mark work areas or detours are not posted, the contractor or construction company could be at fault.

Scenario #3 - Multiple Vehicle Accidents

Rollover accidents are also common in multi-vehicle accidents, especially on highways like the LIE. More than one party may share fault in these situations. Here is an example of how this can happen:

• Driver A, Driver B, and Driver C are all driving on the LIE trying to get home after a long day at work.

• Driver A gets frustrated with traffic and cuts off Driver B to get into a faster moving lane.

• Driver B sees Driver A coming and swerves, but Driver B swerves right into Driver C.

• The impact of Driver B's car against Driver C's car causes it to roll over.

Who's fault is it? Well, it could be anyone's fault because in New York state, there is a comparative negligence rule, which allows more than one person to be at fault.

How Comparative Fault Works in New York

Here's how comparative negligence works: let's say two drivers are in an accident. After all is said and done, Driver A is found to be 80% at fault and Driver B is found to be 20% at fault. Driver B was ultimately rewarded $100,000 in damages. However, since they were 20% at fault, the award is lessened by 20%, which means Driver B can collect $80,000.

Key Evidence Used to Determine Fault

Fault is determined by accident site investigators, insurance adjusters, and a vehicle accident attorney. They look at the following to determine fault:

Photos and Videos of the Accident Scene

Photos of the accident scene can show road conditions, vehicle damage, skid marks, and other debris.

Eyewitness Testimony

Witness statements can be important, too. In most cases, witnesses are non-biased, and they can give a clearer view of who is at fault.

Police Reports

Police reports often assign liability in an accident by citing the at-fault party.

Surveillance or Dash Cam Footage

Many intersections and roadways have surveillance cameras. Drivers may also have dash cams in their vehicles that have captured the accident.

What Should a Person Do After a Rollover Accident?

Anyone who has been involved in a rollover accident in New York should do the following, if able, following a rollover.

1. Call 911 - Police officers and medical professionals should be dispatched to the scene as soon as possible.

2. Document the Scene - If possible, photos and videos of the scene should be taken. Focus on the injuries sustained, the vehicle damage, and the surroundings of the scene.

3. Don't Admit Fault - Anything said on the accident scene could make it to the police report, which can be used to determine fault, so it's best to say nothing about whose fault it might be.

4. Contact the Insurance Company - Accident victims should notify their insurance company and file a no-fault claim.

5. Contact a Lawyer - An experienced personal injury attorney should be called to see if a law suit is possible.

   
   

Potential Compensation in Rollover Car Accident Cases

If the victim's injuries are serious, they might be entitled to compensation from the at-fault driver's insurance company. This includes compensation for the following:

• Medical expenses

• Lost wages

• Pain and suffering

• Permanent disability

• Emotional distress

• Death

Contact The Law Office of Carl Maltese Free Consultation

Those who have been injured in a car accident has rights in New York State. Legal representation is extremely important when determining liability, and if a vehicle tips onto its side or roof, injuries can be devastating.

The Law Office of Carl Maltese has been helping victims of rollover accidents on Long Island for many years, and they can help victims of these accidents pursue compensation. A free consultation is available, so call today for an appointment.