Car Accidents Brisbane – Rollover Accidents & Rollover Crashes

Fans of off-road driving that involve sharp turns on vehicles with a high center of gravity may have a greater risk of being a victim to a rollover accident. When drivers are careless in handling their vehicles and cause a rollover accident, the consequences can be deadly for themselves, their passengers and other vehicles.

Imagine driving down the Bruce Highway in Brisbane when suddenly, you see another vehicle suddenly rolling over onto your lane. How can something like that happen on the road?

Simply put, cars with a higher center of gravity makes a motor vehicle more susceptible to rollover accidents than lower vehicles, especially if the vehicle is off-roading or making sharp turns. Despite improvements in technology such as electronic stability control systems (ESCs) in SUVs, the risk can still arise from:

  • Driving carelessly
  • Fail to adhere to proper road rules
  • Not accounting for other safety considerations such as weather or road conditions.
  • Added weight to the vehicle.
  • For SUVs, lack of roll bar protection, especially in off-road driving.
  • Inadequate crash protection
  • Sudden impacts, uneven or slanted driving surfaces

How serious are rollover accidents?

Approximately 22% of passenger cars in fatal crashes in Australia are caused by rollover crashes according to the Australasian College of Road Safety. Rollover crashes have been identified as being a major contributor to serious spinal injuries that have resulted in serious paralysis and disability conditions such as paraplegia and quadriplegia.

Rollovers are serious accidents and account for about 10% of fatal accidents in general. Serious injury often occurs with ‘ejection’, which occurs when a driver does not wear their seatbelt and is flung from the driver’s seat during a rollover accident. Yet even while wearing seatbelts, injuries to the head, upper and lower limbs, chest and neck are still common in rollover accidents. Head trauma is another common serious injury that can occur from a rollover accident.

What are my legal rights in a rollover accident?

A driver has a duty of care on the road to properly handle their vehicle and driver safely. A driver causing a rollover accident is presumed to be negligent unless they can show evidence that proves otherwise. This may be very difficult to achieve however.

If you were not at fault for the accident, you or any other victim of the accident can claim damages for any injuries, financial losses or medical expenses that you have suffered as a result of a rollover accident.

 

What if I was involved in an SUV accident but the car was faulty?

Sometimes, even the best drivers may be victim to an accident because of something such as a faulty design in the vehicle. This can be a difficult endeavor to accomplish without the assistance of a personal injury lawyer. However, if you can successfully prove this, then you may have grounds to claim damages against the manufacturer of the vehicle.

Please keep in mind that a lot of elements in the evidence for this kind of a claim are time sensitive (e.g. the skid marks from an accident on the road at the accident scene). As such, it is recommended that you speak to a Brisbane injury lawyer if you have concerns that your accident was due to a faulty design or another factor that is out of your control.

If the car design was faulty, how do manufacturers defend themselves in court?

The most common defence used by an insurance defence lawyer is that the victim of the vehicle accident was in fact negligent by not driving diligently or with a reasonable amount of skill and caused the loss of control of the vehicle.

Other defences include proof of compliance with industry norms and vehicle testing standards. This is used to dispute the claimant’s theory that the manufacturer was able to design a vehicle to prevent the accident in foreseeable circumstances.

What damages can I claim?

In a rollover accident, you may be entitled to recover the following damages:

  • Out of pocket medical expenses
  • Property damage
  • Lost wages
  • Pain & Suffering
  • Punitive damages
  • Housekeeping or attendant care expenses
  • Future medical or caregiving expenses

Contact East Coast Injury Lawyers Today

Most drivers and car manufacturers are protected by liability insurance that takes the burden of paying compensation from a civil suit. As such, do not put yourself in a situation where you can be put at a legal disadvantage. Most personal injury firms offer risk free consultations to give you the initial advice you need to make a decision.

How does East Coast Injury Lawyers Help?

Our firm is led by accredited specialists in personal injury who have a significant amount of experience in rollover accidents. Simply contact us for a free, no obligation consultation so that you can tell us your story. Call us at 1300 720 544 or fill out our online case review form.