Rollover accidents are among the most dangerous types of vehicle collisions, often resulting in severe injuries or fatalities. In Charleston, South Carolina, understanding the causes of these accidents and your legal options is essential if you or a loved one has been involved in one. This article covers the most common causes of rollover accidents, South Carolina’s legal framework, and the steps victims can take to seek justice.
Understanding Rollover Accidents in Charleston
Rollover accidents are unique in their severity, often leaving victims with life-altering injuries. Gaining insight into what causes these accidents can help you recognize potential risks and take preventive measures.
What Is a Rollover Accident?
A rollover accident occurs when a vehicle tips onto its side or roof, often due to a combination of speed, sharp turns, or uneven terrain. While these accidents can happen to any vehicle, those with a high center of gravity, such as SUVs and trucks, are particularly susceptible.
Why Are Rollover Accidents More Dangerous?
The nature of rollovers often leads to multiple points of impact, increasing the likelihood of catastrophic injuries. Passengers may be ejected from the vehicle, and the force of the accident can cause significant trauma, even with safety features like seat belts and airbags.
Common Causes of Rollover Accidents in Charleston
Several factors contribute to rollover accidents, including driver behavior, road conditions, and vehicle design.
Speeding
Excessive speed is one of the leading causes of rollover accidents. At high speeds, drivers have less time to react to obstacles, increasing the risk of losing control. According to the National Highway Traffic Safety Administration (NHTSA), speeding-related rollovers are more likely to result in fatalities.
Road Conditions
Charleston’s roads, like those in many cities, can pose hazards such as potholes, uneven surfaces, or construction zones. Wet or icy conditions during Charleston’s occasional storms can further heighten the risk of accidents.
Driver Overcorrection
When drivers make sudden or sharp steering adjustments—often in response to an unexpected event—they can destabilize their vehicle, leading to a rollover. This is especially true for larger vehicles or those carrying heavy loads.
Vehicle Design and Maintenance
Vehicles with a high center of gravity, like SUVs, pickup trucks, and vans, are inherently more prone to rollovers. Additionally, poor tire maintenance, including low pressure or worn treads, can increase the likelihood of accidents.
Legal Options for Rollover Accident Victims in South Carolina
If you’ve been injured in a rollover accident, understanding your legal rights can help you recover damages for your injuries and losses.
Filing an Insurance Claim
The first step for most victims is filing a claim against the at-fault driver’s insurance. This process typically covers medical expenses, property damage, and lost wages. However, insurance companies often aim to minimize payouts, so it’s essential to approach negotiations carefully.
Pursuing a Personal Injury Lawsuit
When insurance settlements fall short, victims may file a personal injury lawsuit. These lawsuits can seek compensation for:
- Medical expenses (past and future).
- Lost wages and diminished earning capacity.
- Pain and suffering.
Product Liability Claims for Vehicle Defects
If a defect in the vehicle contributed to the rollover—such as faulty tires, poor design, or malfunctioning brakes—victims may file a product liability claim. Successful cases often require proving that the defect directly caused the accident and resulting injuries.
Key Legal Considerations for South Carolina Residents
South Carolina’s laws play a crucial role in determining how rollover accident cases are handled.
Comparative Negligence Laws
South Carolina follows a modified comparative negligence rule. This means that victims can recover damages as long as they are less than 51% at fault for the accident. However, compensation is reduced by their percentage of fault. For instance, if a victim is found 20% at fault, their compensation will be reduced by 20%.
Statute of Limitations
In South Carolina, victims have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in losing the right to pursue compensation.
Reporting Requirements
Accidents involving injury, death, or significant property damage must be reported to law enforcement. Additionally, if the police do not investigate, drivers are required to submit a written report to the South Carolina Department of Motor Vehicles within 15 days.
Steps to Take After a Rollover Accident
Taking immediate action after a rollover accident can protect your rights and strengthen your case.
- Seek Medical Attention: Prioritize your health by visiting a hospital, even if injuries seem minor. Documentation of medical care is critical for any legal claims.
- Document the Scene: Take photos of the accident, vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses if possible.
- Report the Accident: Notify law enforcement immediately and ensure the incident is properly documented in a police report.
- Contact Your Insurance Company: Inform your insurer about the accident but avoid making detailed statements until you consult with an attorney.
- Consult with an Attorney: An experienced Charleston personal injury lawyer can help you navigate the legal process, negotiate with insurance companies, and build a strong case.
Frequently Asked Questions
What should I do if I’m partially at fault for the accident?
South Carolina’s comparative negligence laws allow you to recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
Can I sue the vehicle manufacturer for a rollover accident?
Yes, if a vehicle defect contributed to the accident, you can file a product liability claim. This requires proving that the defect was the primary cause of the accident.
How long do I have to file a lawsuit?
You have three years from the date of the accident to file a personal injury lawsuit in South Carolina. Acting promptly ensures you meet this deadline.
How a Charleston Personal Injury Lawyer Can Help
Partnering with a qualified attorney can significantly improve your chances of securing fair compensation. A lawyer can:
- Investigate the accident to identify liable parties.
- Negotiate with insurance companies to maximize your settlement.
- Represent you in court if necessary.
Conclusion
Rollover accidents can have devastating consequences, but understanding the causes and legal recourse available can help victims take control of their situation. Whether you’re filing an insurance claim, pursuing a lawsuit, or seeking compensation for a defective vehicle, acting quickly and consulting with a knowledgeable attorney is essential.
If you or a loved one has been involved in a rollover accident in Charleston, don't navigate the legal complexities alone. At Kahn Law Firm, LLP, our experienced personal injury attorneys are dedicated to providing personalized and effective legal representation. We understand the challenges you're facing and are here to help you secure the compensation you deserve.
Why Choose Kahn Law Firm, LLP?
- Available 24/7: We offer around-the-clock availability and weekend appointments to accommodate your schedule.
- Free Consultations: Your initial consultation is free, allowing us to assess your case without any financial obligation.
- No Fees Unless We Win: You won't pay any legal fees unless we successfully recover compensation for you.
- Board-Certified Lawyers: Our team includes board-certified attorneys with over a century of collective experience.
Contact us today at (843) 920-5690 to schedule your free consultation. We are committed to answering your questions, informing you of your rights, and working zealously on your behalf. Let us help you navigate the legal process and pursue the justice and compensation you deserve.
Don't wait—reach out to Kahn Law Firm, LLP, and let us put our experience to work for you.
Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.