Skip to Content

Manufacturers May Be Liable If a Defect Causes a Rollover

May 16, 2016 | Category: Automobile Accidents, Truck Accidents | Share

The Sun Sentinel reported in April that three members of the same family, the mother, a 5-year-old girl and an 8-year-old boy died in a single-car rollover crash on I-75 in Broward County. At the time of the article, the accident was still under investigation by the Florida Highway Patrol.

Another rollover accident happened on Wednesday, April 27, 2016, in which 11 people were hospitalized in New Mexico.

Vehicle-rollover potential has been the subject of testing by the NHTSA (National Highway Traffic Safety Administration) for many years as it has recognized the danger and prevalence of rollovers because of defective design. Through its “Rollover Resistance Safety Rating” program, NHTSA identifies design defects.

The design, manufacture and assembly may all cause vehicle defects resulting in rollovers. Should the center of gravity be too high, it is the responsibility of the manufacturer, and even the seller, to warn the purchaser about the importance of proper load distribution and any limitations. Manufacturers may also fail to provide anti-lock brakes or traction control needed for effective stability. When a rollover accident occurs, the handling and braking of the vehicle(s) involved are scrutinized according to FHP (Florida Highway Patrol).

Officials say that when investigating rollover accidents, the most common causes are poor stability design, poorly designed suspension systems, tire failure, tire tread defects and inadequate braking systems.

Following a rollover crash, NHTSA recommends that the roof supports, seat backs, and seatbelts be evaluated. Further, NHTSA reports that vehicle roofs may also be prone to being crushed, and passengers may be ejected in a crash. The integrity of a vehicle’s roof is one of the most fundamental elements for occupant safety in rollover crashes.

Citizen.org, a promoter of public health and safety, says that, “If a roof is weak, it will collapse into the cab as the vehicle rolls. Moreover, a weak roof will transmit force onto the windows as it strikes the ground, ensuring that windows break and further compromising the roof strength during subsequent rolls. Weaker roofs also transfer more force onto the doors, increasing the chances of door and door frame deformation. Both of these structural failures mean that a weak roof greatly increases the risk of ejection through a door or window.”

Consumer Reports says that even though vehicle rollovers may occur in only about 3 percent of all serious crashes, they do account for about 30 percent of people killed while riding in passenger vehicles.

What is a rollover?

A rollover, according to Safercar.gov, occurs when a sideways force is sufficiently powerful to both tip the vehicle up and to overcome the gravitational force trying to pull it back down.  

Which vehicles are prone to rollovers?

Any vehicle may rollover, but generally, the tendency increases when the height of the center of mass, narrowness of the axle track, steering sensitivity and increased speed are present. SUVs, pickups and vans having higher centers of gravity are more susceptible to rollover when in a single-vehicle crash. The NHTSA vehicle rollover ratings are where vehicle ratings are posted. Ratings estimate the risk of a vehicle’s rolling over in a single-vehicle crash.

“If you or a loved one has been involved in a rollover accident, contact the experienced attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Fort Myers Vehicle Accident Attorney, Randall Spivey.

 

Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

Contact Us

Location

Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation