Who is at Fault in a Roll Over Car Accident - MO Law

A rollover car accident is one of the most complex and severe collisions. These crashes often cause severe injuries, significant property damage, and, in the worst cases, they are fatal rollover crashes.

In Missouri, determining who is at fault in a rollover accident is crucial for anyone seeking compensation for physical injuries, property damage, or more. To do this, you must file a personal injury claim, and you will need to contact an experienced car accident attorney to help you through the process.

This is especially true because it's not always easy to determine who is at fault.

Understanding how Missouri law works regarding rollover accidents is essential. Missouri is a fault-based state, but determining who is at fault in an accident is a big part of getting compensation. Things like vehicle dynamics, the behavior of the driver, and road conditions can also contribute to the process of determining who is at fault.

A car accident lawyer like Kenneth Powell from the Powell Law Firm is instrumental in understanding the fault-based legal system in Missouri.

Rollover accident victims need to have St. Louis car accident lawyers looking at their case as soon as possible, and the Powell Law Firm is one option. Victims can call today for a free consultation. They have insight on who is at fault in a single vehicle car accident MO as well.

Defining a Rollover Car Accident

How is a rollover accident defined? It's when a vehicle flips onto the side or roof during an accident. These can involve a single driver or multiple vehicles. They often occur when the car's balance is changed by sudden maneuvers like turning, or from a collision.

A St. Louis rollover accident can even occur when driving over uneven pavement or terrain. Larger vehicles like pickup trucks, vans, and SUVs are more commonly involved in rollover accidents due to a higher center of gravity.

The National Highway Traffic Safety Administration, NHTSA, report that rollover crashes only account for about 2% of all accidents, but account for over 30% of fatal car accidents.

Missouri's Fault-Based Insurance System

Missouri has a fault-based system for car accidents. Also called a tort system, this means that the person who caused the accident is responsible for paying damages.

Victims of a rollover accident can get compensation by:

• Filing a car accident claim with their own insurance company, which may try to get reimbursed by the at-fault party

• Filing a third-party claim with the at-fault driver's insurance

• Filing a personal injury lawsuit against the at-fault party

This is why it's so important to accurately determine who is at fault in these accidents.

Common Causes of Rollover Accidents in Missouri

Before assigning liability following a rollover accident, it's important to first understand what caused the accident. Rollover accidents happen a lot, but they aren't always caused by the same thing.

These are the most common causes of a rollover car crash:

Speeding and Driving Recklessly

Driver behavior is one of the most common causes of a rollover accident, especially when they take a curve too quickly or attempt a sudden maneuver. Driver negligence can be very dangerous and often causes single vehicle accidents due to excessive speed and trying to turn without slowing down.

Driver Distraction or Impairment

Distracted driving, or driving while intoxicated, can both lead to losing control while behind the wheel. Other ways that accidents occur due to distraction involve texting, drowsy driving, falling asleep while driving, or being intoxicated and driving.

Multi-Vehicle Collisions

A multi-vehicle collision can also result in a rollover. When one car strikes another, it can cause the vehicle that was hit to tip over. This is especially the case if the car is hit at high speed or from the side. In these cases, the driver who caused the impact might be at fault.

Road Hazards and Poor Maintenance

Road hazards like potholes, uneven pavement, road debris, or signage that is unreadable or missing can cause a vehicle to lose control and swerve, which leads to a rollover.

In these cases, it's possible to hold the government entity that is responsible for road maintenance liable in the accident.

Vehicle Design Defects

It's possible that a car could roll over due to the design or to mechanical failure. Things like suspension issues, tire blowouts, or no stability control can all contribute. When this occurs, the manufacturer of the car can be held liable.

Determining Fault in a Rollover Accident

Now that the most common causes of a rollover accident are revealed, the big question is this: who is at fault? The answer depends on the unique facts of the case, and liability can fall on more than one person.

These include:

The Driver of the Vehicle That Rolled Over

Even if the driver of the vehicle that flipped was injured, they could be solely or partially responsible for the rollover. This is definitely true if they were speeding, distracted, impaired, or otherwise negligent. Oftentimes, if an accident involved only one vehicle, it is caused by driver error, and that driver would be liable.

Another Driver

If there were more than one vehicle involved in the accident, another car or driver might have caused the car to flip, swerve, or crash. This is often the case in a side-impact collision. These drivers might be at fault even if their own vehicle didn't rollover.

A Vehicle Manufacturer

If the rollover accident was caused by a design flaw, like poor suspension or a high center of gravity, the manufacturer or the parts supplier might be liable due to Missouri's product liability laws.

A Government Entity or Construction Company

Sometimes, a poorly designed or maintained road might cause the accident. If there are inadequate warning signs, poorly maintained roads during snow or ice, or even unsafe construction zones, the car could rollover. In these cases, a city, county, company, or contractor could be at fault.

Missouri’s Comparative Fault Rule

Missouri uses a comparative fault system in the case of accidents. This means that the injured person can recover compensation even if they are partially at fault. However, the compensation is reduced by their percentage of fault.

Here's an example:

If a driver is 30% at fault, and they are awarded $100,000 in damages, they will recover $70,000. Even if a driver is 90% at fault, and they are awarded $100,000, they will still get $10,000.

This makes it possible for more than one person to be at fault in an accident, and this is why it's also very important to do a thorough investigation of the accident scene and gather as much evidence as possible. For more information, hire a car accident law firm in St Louis.

Evidence Used to Determine Fault

Following an accident, there are several types of evidence that will be analyzed. This includes:

• Police Reports -- A police report will outline the scene when they arrive. They will collect witness statements and also often give an opinion on who is at fault.

• Accident Reconstruction -- If fault is not clear, an accident reconstruction might be done.

• Video Footage -- Video footage from the accident date is often used to see what happened at the moment of the accident.

• Black Box Data -- Many modern vehicles have data recorders, which can track speed, braking, and steering.

• Medical Reports -- These can show the cause of injuries, which often include neck injuries, traumatic brain injuries, spinal cord damage, post traumatic stress disorder, and other life threatening injuries.

• Witness Statements -- These are very important, as a witness is typically a neutral party.

It's not always easy to collect evidence and there are a lot of legal complexities when a rollover accident occurs. This is why a personal injury attorney is so important. They can help gather, preserve, and analyze evidence. They can also advise on who is at fault in a parking lot car accident MO.

What to Do After a Rollover Accident in Missouri

Rollover accidents can cause catastrophic injuries and high medical bills, and it's important to establish fault as soon as possible. However, that shouldn't be the first priority. Instead, follow these steps:

1. Call 911 - The first thing anyone should do is call 911. This will bring police and medical assistance to the scene. Though rollover accidents often cause serious injuries or things like broken bones, there might not be any injuries at all. Even if that's the case, it's important to get checked out by a medical professional.

2. Get to Safety and Document the Scene -- When able, its also important to document the scene, but to do it safely. People shouldn't stand in oncoming traffic to take photos or videos. Instead, go to a safe place.

3. Exchange Information -- If able, exchange contact information with the other driver or drivers. Names, phone numbers, and insurance company details are all important.

4. Don't Admit Fault -- Even if a driver believes that they are at fault in an accident, it is within their legal rights to not admit it at the scene. Anything said can be used against you.

5. File a Police Report -- A police report is very important for insurance and legal cases.

6. Contact a Personal Injury Attorney -- Finally, it's important to contact a personal injury attorney. This step can ensure fair compensation for those who want to pursue compensation.

   
   

Types of Compensation Available to Rollover Victims

Even if there are multiple contributing factors in an accident, or a person is found to be partially at fault, they can still be compensated. This compensation can cover:

• Medical expenses, both current and future

• Lost wages, both current and future

• Pain and suffering, including emotional distress, emotional trauma, etc.

• Vehicle repair or replacement

• Permanent disability

• Wrongful death, in which a wrongful death claim would be filed

Negligent drivers must take responsibility. An experienced attorney can offer legal support for those who have been in an accident and require compensation.

Contact Powell Law Firm for a No Obligation Consultation

Those who have been in a rollover accident need an experienced personal injury lawyer on their side. Injuries from these accidents can be traumatic, and some even turn into wrongful death cases.

Victims don't need to go at it alone. A team like the Powell Law Firm can help. Reach out today to schedule a free consultation.