Rollover Accidents

SUV rollover accidents are among the most tragic types of vehicle accidents, killing 10,000 and injuring nearly 30,000 people each year. Although not as common as other accidents, SUV rollovers result in a disproportionate number of serious injuries and deaths annually. Considering the popularity of the SUV as a family vehicle, it is all the more critical that manufacturers do everything possible to prevent rollovers and related injuries.

Rollover accidents occur most often in SUVs, minivans and light trucks due to their higher center of gravity than traditional automobiles. However, through the incorporation of reasonable design alternatives that increase stability and prevent occupant injuries in the event a rollover occurs, many of the serious injuries and deaths that occur each year can be prevented.

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We understand that when a rollover accident occurs, there are multiple potential legal claims and theories that need to be explored.

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At the Didier Law Firm, we understand that when a rollover accident occurs, there are multiple potential legal claims and theories that need to be explored. Rollover cases are fact-specific, and it is first necessary to understand the exact cause of rollover itself. The includes an evaluation of numerous potential contributing factors such as: whether or not the inherent instability of the vehicle due to its design played a role; whether a tire failure or tread separation occurred; whether safety systems like Electronic Stability Control (ESC) were incorporated into the vehicle; or, whether any environmental factors or roadway issues played a role. Next, it is critical to understand how the occupant was injured, and what potential vehicle defects may have contributed to the injuries or death. Lastly, it is necessary to work with qualified experts to determine if reasonable design alternative existed when the vehicle was made that, if used, could have prevented the injuries or fatality. In looking at alternative designs, often the design and performance of the vehicle’s roof structures, restraint systems, airbag systems, door frames and latches and vehicle padding are considered and examined.

Because of the complex nature of rollover cases, and the wide variety of defect issues that must be examined, it is vitally important when a vehicle rollover accident occurs that proper steps are taken to preserve evidence that may be helpful in determining if the vehicle’s design was a contributing cause of the accident itself or resulting injuries. This includes preserving the vehicle, obtaining quality photographs of the scene and collecting any available evidence, and interviewing witnesses and law enforcement as soon as possible. Later, when considered by experts, this evidence can prove invaluable in establishing a case and refuting the all too common defense claim that the sole cause of the accident was driver error.

As Rollover attorneys we can help

Complex and multi-faceted cases are our specialty. The Didier Law Firm has extensive litigation experience in litigating rollover accidents involving stability theories, roof crush allegations, occupant protection issues, restraint system and seatback failures, and other related claims. As rollover lawyers we are here to help you evaluate and pursue claims stemming from rollover accidents. If you have questions about a rollover claim, contact us so that we may help.

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Case of Note

Rodney McCormick, deceased v. Ford Motor Company

The high center of gravity in SUVs, minivans and light trucks lead to a greater propensity for rollover accidents, however technologies exist to mitigate this risk. On June 28, 2004, Rodney McCormick was the belted driver of a 2001 Ford Explorer traveling approximately 70 miles per hour in the middle lane of traffic. Mr. McCormick changed lanes into the left lane of traffic, when the left front of his vehicle collided with the right rear of another vehicle. After the impact, Mr. McCormick’s vehicle veered into the median and overturned. Mr. McCormick died at the scene as a result of multiple blunt force trauma. The Didier Law firm alleged that alternative design options existed that could have prevented Mr. McCormick’s SUV from rolling over.

The case settled for a confidential amount.

Click to read about Hank Didier and Florida Trend Legal Elite, Orlando Business Journal Best of the Bar, Lexis Nexis AV-Rating, Million Dollar Advocates, and 40 under Forty recognitions
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