Virginia Rollover Accident Attorneys

Experienced Accident Attorneys Serving Norfolk, Newport News & Roanoke

While many drivers choose trucks and SUVs believing their size offers better protection, statistics from the National Highway and Transportation Safety Administration (NHTSA) reveal a concerning reality: these larger vehicles are actually more prone to dangerous rollover accidents.

According to NHTSA data, rollover accidents are responsible for:

• 22% of passenger car fatalities
• 44% of pickup truck fatalities
• 61% of SUV fatalities

Why Rollover Accidents Happen

Vehicles with narrow wheelbases or top-heavy designs with high centers of gravity face increased rollover risks. Trucks and SUVs are particularly vulnerable because their elevated center of gravity makes them unstable during sharp turns, causing them to tip sideways and roll over. These accidents frequently result in catastrophic injuries, including traumatic brain injuries and spinal cord damage, and can often be fatal.

The most common causes of rollover accidents include:

• Sharp turning maneuvers
• Excessive speed while turning
• Tire failures
• Poor road conditions due to weather
• Vehicle design defects
• Road hazards (potholes, construction issues)
• Driver distraction or impairment
• Collisions with other vehicles (trip-over rollover)

Vehicle manufacturers who fail to implement adequate safety measures to prevent rollovers may be held liable for their defective products.

Common Injuries in Virginia Rollover Accidents

The violent nature of rollover accidents often results in severe injuries, including:

Traumatic Brain Injuries (TBI)

Even with proper restraint systems, occupants may experience violent head movement during a rollover. These injuries can range from mild concussions to severe brain trauma requiring lifelong care. Recovery often involves extensive rehabilitation and therapy.

Spinal Cord Injuries

The rotational forces in rollover accidents frequently damage the spine, potentially causing paralysis, loss of sensation, and chronic pain. These injuries often require multiple surgeries and ongoing medical treatment.

Crush Injuries

When a vehicle's roof collapses during a rollover, occupants may suffer crush injuries to the head, neck, and torso. These injuries can result in permanent disability or disfigurement.

Fractures and Orthopedic Injuries

Multiple broken bones are common in rollover accidents, particularly to the extremities, ribs, and pelvis. Complex fractures may require surgical intervention and extended physical therapy.

Internal Injuries

The forces exerted during a rollover can damage internal organs, causing internal bleeding that may not be immediately apparent but can be life-threatening if not promptly treated.

Your Legal Rights After a Virginia Rollover Accident

Virginia follows a "contributory negligence" rule, which means that if you're found even partially responsible for the accident, you may be barred from recovering compensation. This makes having skilled legal representation especially critical following a rollover accident in Virginia.

Recoverable Damages in Virginia Rollover Cases

If you've been injured in a rollover accident, you may be entitled to compensation for:

Economic Damages

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Property damage
• Rehabilitation costs
• Adaptive equipment and home modifications
• Transportation to medical appointments

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of consortium (impact on marital relationship)

In cases involving extreme negligence, punitive damages may also be available, though they're rarely awarded in Virginia courts.

Statute of Limitations for Virginia Rollover Accident Claims

In Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, the statute of limitations is five years. However, specific circumstances may affect these timeframes, including:

• Cases involving minors
• Claims against government entities (which may have notice requirements as short as 6 months)
• Cases where injuries weren't immediately apparent

Missing these deadlines can permanently bar your right to compensation, making prompt legal consultation essential.

Personal Injury Claims

If you've been injured in a rollover accident, consulting with an experienced Virginia car accident attorney should be your priority. At Kalfus & Nachman PC, we offer complimentary consultations to evaluate your rights and case strength. Insurance companies often attempt to minimize their financial responsibility by pressuring victims into making damaging statements or accepting inadequate settlements. Our legal team will promptly begin fighting for the fair compensation you deserve.

Common tactics insurance companies use after rollover accidents include:

• Claiming the accident was preventable or partially your fault
• Downplaying the severity of your injuries
• Suggesting your injuries existed before the accident
• Making quick, lowball settlement offers before you understand the full extent of your damages
• Requesting overly broad medical authorizations to find unrelated conditions

Our attorneys anticipate and counter these strategies to protect your interests.

Defective Product Claims

Many rollovers are single-vehicle accidents with no other driver to hold accountable. However, due to the inherent design vulnerabilities of SUVs and pickup trucks, we may be able to pursue damages from the manufacturer for producing an unsafe vehicle.

Common defects that contribute to rollover accidents or worsen their outcomes include:

• Inadequate electronic stability control systems
• Insufficient roof strength leading to collapse
• Defective door latches that fail during accidents
• Seat belt failures
• Airbag malfunctions
• Tire defects causing blowouts

Manufacturers have a duty to design reasonably safe vehicles, and when they fail in this obligation, they can be held liable under product liability laws.

Contact us online or by phone at (855) 880-8163 to show the insurance companies you mean business.

Frequently Asked Questions

How is fault determined in a rollover accident?

Determining fault involves investigating driver actions, road conditions, vehicle design, and maintenance. Our investigators examine physical evidence, witness statements, and sometimes electronic data to establish what caused the rollover.

What if I wasn't wearing a seatbelt during my rollover accident?

Virginia follows the "seatbelt defense," which means compensation could be reduced if not wearing a seatbelt contributed to your injuries. However, this doesn't automatically disqualify your claim, especially in cases involving vehicle defects.

How long will my rollover accident case take?

Timeframes vary significantly depending on case complexity, injury severity, and whether the case settles or goes to trial. Simple cases might resolve in months, while complex litigation against manufacturers could take years. We work efficiently while never sacrificing thoroughness.

Can I still recover damages if my family member died in a rollover accident?

Yes, Virginia law allows certain family members to file wrongful death claims when a rollover accident results in fatality. These claims can provide compensation for funeral expenses, lost income, loss of companionship, and other damages.