SUV Rollover Accidents - Frequently Asked Questions
- How do most SUV rollovers occur?
- What vehicles are commonly involved in these types of cases?
- Will the person that caused the accident have to pay the settlement personally?
- Do I have a case if I was partly to blame for the accident?
- How long does it take to settle most rollover injury cases?
How do most SUV rollovers occur?
Studies show that more than 90% of rollovers occur when a vehicle runs off the road and strikes a curb, soft shoulder, guard rail or other object that "trips" it. The top heaviness of an SUV increase the chances that it will rollover if this happens. Tires that suddenly deflate can cause a driver to lose control of a vehicle.
What vehicles are commonly involved in these types of cases?
Almost every mid size SUV, with the exception of a Volvo and some other upscale models, are unstable and will rollover because of their design and lack of safety testing. The Ford Explorer (any year) and the Trailblazer (2002-2006) are the two worst vehicles for rollovers. Our experience has shown us that severe injury and death may occur and this is something that manufactures such as GM, Ford, Chrysler and Toyota have been aware of since the mid 1980s.
Will the person that caused the accident have to pay the settlement personally?
Normally, the answer is no. Most drivers, homeowners and property owners buy liability insurance. The insurance company that insures the defendant pays for both the entire legal defense (including experts) and also pays any settlement or judgment against the defendant. Some large corporations and many governmental agencies do not have insurance and do pay settlements directly. In the average case, however, there is no personal payment by the wrongdoer.
Do I have a case if I was partly to blame for the accident?
In Minnesota a plaintiff is entitled to recover the value of his or her case reduced by the percentage of fault for the accident due to the plaintiff's own negligence. This system is called "comparative fault". Even if you are partially to blame for the occurrence of an accident you may still be able to recover enough to make your case worthwhile. This should be discussed in detail with your lawyer.
How long does it take to settle most rollover injury cases?
It depends on the facts of your case. If there are fatalities or severe injuries involved, the longer it usually takes to settle. We also don't recommend settling until the full extent of a victim's injuries and outcome are known. We want to make sure future medical costs are included in any settlement.