Bronx Rollover Accident
Rollover accidents, sometimes called center of gravity accidents, often result in fatalities and dire injuries. If you are driving through the Bronx, and you see a car speeding toward you in your lane, perhaps a drunk driver, it would be a common reaction to violently jerk the wheel to get out of the way. The extreme, fast motion can unexpectedly change your vehicle's center of gravity, particularly if you are driving a tall, narrow vehicle such as an SUV or a mini-van. When this sudden shift in your vehicle's center of gravity occurs, it can cause a rollover. When you are in this kind of a serious crash, it's prudent to contact a Bronx rollover accident lawyer who can explain your rights.
Though they don't happen as frequently as some other kinds of accidents such as rear-end crashes and head-on collisions, rollover accidents are so dangerous that they account for 30% of passenger vehicle accident mortalities. They have the highest fatality percentage of any kind of motor vehicle accident. Rollover accidents are particularly dangerous for a couple reasons.
- Your car could roll over multiple times, and each time it does, there is a new impact which could cause additional injuries.
- Because vehicles are often flipped upside down, their roofs can cave in resulting in victims being crushed.
The human body was not meant to take this kind of brutal treatment, and you could suffer injuries such as broken bones and lacerations at a minimum, but you could also suffer a head injury, a back injury or paralysis. As we have already seen, rollover accidents also often result in wrongful death.The Causes of Rollover Accidents
The vast majority of rollover accidents are caused by factors that are outside the vehicle, such as the car hitting a guard rail or a curb. These are called "tripped" accidents.
Approximately 5% of rollovers accidents are "untripped." The example we just gave of performing a fast and extreme maneuver to avoid an oncoming car, particularly if it is performed at high speed, can cause an "untripped" accident.
Speed is often a factor in both tripped and untripped accidents. For example, if you are driving in the Bronx, and you hit a curb or make a sudden maneuver while speeding, you are much more likely to throw the car's center of gravity off and suffer a rollover. Speed is such a large factor that in approximately 40% of rollover accidents, one or both parties was speeding. Alcohol is also often involved. When a person is clear-headed, they have better judgment and also can react more quickly, thus being much less likely to perform an action that will cause a rollover.Compensation You Can Receive for a Bronx Rollover Accident
If you are in a rollover accident due to the actions of another driver, your lawyer can sue them for the medical expenses that you have already incurred and will incur in the future. You can also be compensated for wages you lost while you were unable to work. Sometimes you can expect lost wages going into the future; sometimes injuries are such that you cannot return to the same employment and will suffer a reduction in wages in the future. You can be compensated for this, and a good rollover accident attorney practicing in the Bronx can calculate the amount of your loss with the help of your doctor. Of course, you can receive compensation for damages to your property, which is likely to include your car, but could include other property as well. You may also receive an award for pain and suffering and an award for punitive damages.What Your Attorney Must Show for You to Receive a Damages Award
In order to receive compensation for your injuries, of course you must prove that someone else was at fault. Rollover accidents are the same as other personal injury cases in this regard. You must show:
- The defendant had a duty of care. Everyone who drives on our roads in the state of New York has a duty of care to not endanger others.
- The defendant breached their duty of care. Just because you were hurt, it does not mean that someone else was at fault, though often that's the case. In our above example, where a driver was speeding down the wrong side of the street, forcing you to swerve to avoid him, it should not be difficult to prove that the driver breached their duty of care.
- The defendant's actions damaged you or your property. If you suffered no damage due to the defendant's actions, you will not be compensated by a court. However, if swerving to avoid the speeding defendant caused your car to rollover, resulting in injuries to you, your passengers or your property, the defendant is liable.
In order to preserver your rights, it's important to contact a good Bronx personal injury attorney as soon as you are able after a rollover accident. If you don't act within the timeframe the law allows, you can lose your right to compensation. The attorneys at the Law Offices of Stephen Bilkis & Associates have extensive experience representing clients injured in rollover accidents. Contact our staff at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve individuals hurt in car accidents in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.