Nebraska’s expansive highways and rural roads—from I-80 to rugged county lanes—see their fair share of severe traffic incidents, but few are as terrifying or destructive as rollover car accidents. Because of the violent physics involved when a vehicle flips onto its side or roof, these crashes are disproportionately fatal and frequently result in catastrophic injuries like traumatic brain trauma, spinal cord damage, and severe fractures. Navigating the aftermath of a rollover is overwhelming, especially as medical bills mount and insurance companies attempt to minimize your payout by shifting blame or exploiting complex state fault rules.
You do not have to carry this burden alone. At Friedman Law Offices, our experienced Nebraska car accident attorneys understand the intricate mechanics of rollover litigation, whether your crash was caused by a reckless driver, a dangerous road hazard, or a vehicle manufacturing defect like a roof crush or tire blowout. We are committed to uncovering the truth, dealing with the insurance adjusters, and fighting for the maximum compensation you need to heal.
If you’ve been injured in a rollover accident due to someone else’s negligence, contact our rollover accident lawyers today for a free consultation.
Common Injuries in Rollover Accidents
Rollover accidents can result in severe injuries because of the heightened risk of being ejected from the vehicle or of the roof collapsing. Common injuries include:
- Severe Bruising and Lacerations: Caused by flying debris and shattered glass
- Fractures and Broken Bones: Broken or crushed bones due to the force of then intense impact of a crash
- Internal Injuries: Organ damage, internal bleeding, and soft tissue contusions from extreme jerks and jolts
- Spinal Cord Injuries: Damaged vertebrae, disks, nerves, and spinal cord due to extreme force
- Traumatic Brain Injuries (TBIs): Violent strikes to the head from impact with a steering wheel or dashboard, or from ejection from the vehicle
Rollover accident injuries often require extensive medical treatment and long-term rehabilitation, which can mean mounting medical bills, lost wages, and emotional strain for injured persons and their families.
Causes of Rollover Accidents
Vehicle rollover accidents in Nebraska can occur for a variety of reasons, from driver behavior to road and weather conditions. To determine liability in your legal claim, your attorney must understand these accident factors and use them to build a powerful case on your behalf.
Causes of rollover accidents can include:
- Speeding: Excessive speed is a major contributing factor to rollover accidents because traveling at high speeds can cause a vehicle to lose contact with road surfaces, especially during swerves, turns, and on wet asphalt. Speeding can also intensify the severity of a rollover crash, resulting in more severe injuries.
- Intoxicated or Reckless Driving: Driving under the influence of alcohol or drugs can lead to rollover accidents, as can reckless driving, including sudden lane changes, tailgating, failure to use turn signals, and other aggressive maneuvers. At higher speeds, these actions destabilize a vehicle and can cause a driver to lose control.
- Inclement Weather: Ice, rain, sleet, snow, and extreme winds can contribute to rollover accidents.
- Distracted Driving: If the other driver is distracted by texting, eating, talking to other passengers, or interacting with navigation or entertainment systems, the likelihood of rollover accidents increases.
- Defective Tires or Vehicles: Defective, worn, or improperly inflated tires can cause a vehicle to be less stable and make steering difficult. Likewise, vehicle manufacturing defects like faulty brakes can increase the chances of rollover accidents.
- Vehicle Type: SUVs, vans, and pickup trucks can be more prone to rollover crashes because of their higher center of gravity, particularly during windy conditions or on winding roads.
- Road Conditions: Hazardous road conditions like potholes, gravel, uneven surfaces, missing guardrails, and road debris can also contribute to rollover accidents.
Compensation You May Be Entitled to After a Rollover Accident
If you’ve been injured in a rollover accident, you could be entitled to financial compensation. These include economic and non-economic damages as follows:
Economic
- Doctor, hospital, and trauma treatment
- Long-term rehabilitation
- Extended medical and in-home care throughout life
- Lost wages
- Loss of future earning capacity
Non-Economic
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress, including depression, anxiety, and PTSD
- Loss of consortium
Statute of Limitations for Filing a Rollover Crash Claim in Nebraska
Nebraska’s four-year statute of limitations applies to personal injury cases, including rollover accidents, and is set forth in Neb. Rev. Stat. § 25-207. There are a few very limited exceptions that your rollover accident attorney can explain, if they apply in your case. If a person dies in a rollover accident, the statute of limitations for a wrongful death claim is two years.
Proving Negligence in Rollover Accident Cases
To prove negligence in a rollover personal injury claim, your lawyer must establish four core elements:
- Duty: The defendant owed you a responsibility of care.
- Breach: The defendant failed that duty.
- Causation: There’s a link between a defendant’s failure and your injury.
- Damages: You sustained actual harm, resulting in things like medical bills, lost wages, pain and suffering, or other costs due to the defendant’s actions.
These four key elements are essential to prove negligence in a rollover collision lawsuit. A skilled attorney knows how to establish each of these elements to prove negligence in a rollover collision claim.
Nebraska follows a modified comparative negligence rule, often called the “50% bar rule.” This means that a plaintiff can still recover damages if they are partially at fault for a rollover crash — unless the plaintiff is found to be 50% or more at fault for the accident, in which case recovery is barred.
Under Neb. Rev. Stat. § 25-21,185.09, the percentage of negligence assigned to the plaintiff reduces the damages awarded by that percentage. For example, if a plaintiff is 20% at fault for an accident and the damages total $300,000, the plaintiff would be awarded $240,000 ($300,000 minus 20%).
Rollover Accident Statistics
According to 2023 data from the National Highway Traffic Safety Administration (NHTSA):
- Rollover crashes accounted for 28% of all passenger vehicle occupant fatalities in 2023, despite being a small share of total crashes.
- By body type, the share of occupant fatalities in vehicles that rolled over was highest for pickups (38%), followed by SUVs (33%), vans (25%), and passenger cars (20%).
- In rural fatal crashes, SUVs and pickups each had a 27% rollover rate, vs. roughly 20% for vans and 19% for passenger cars.
Why Hire a Rollover Collision Attorney?
Rollover accidents often result in complicated legal analysis, especially when determining liability and handling insurance claims. The attorneys at Friedman Law can help you in several ways:
- Calculating Damages: We know the law and can calculate your damages, including doctor and hospital bills, lost wages, rehabilitative care, emotional distress, and other damages. We know how to consider every angle when determining the full extent of your losses.
- Investigating Thoroughly: We conduct comprehensive accident site investigations and gather evidence that can help prove a client’s claim, such as witness statements, video surveillance footage, and police reports. We can also consult with accident reconstruction engineers and experts to analyze elements of the rollover accident.
- Determining Liability: We can identify all negligent parties and determine liability, which is extremely important for maximizing your compensation. Our attorneys can use investigative and legal skills to identify the at-fault parties.
- Negotiating with Insurance Companies: Injured clients should avoid most contact with insurance companies and conduct communications through their attorney. Insurance companies often try to minimize payouts and make early lowball offers. Our lawyers can negotiate on your behalf to achieve a fair settlement.
- Filing a Lawsuit: If insurance companies will not negotiate in good faith and a fair settlement cannot be reached, our lawyers can file a lawsuit and take your case to trial.
Contact Friedman Law Today for Aggressive Legal Representation
If you or a loved one has been injured in a rollover accident, the experienced and skilled attorneys at Friedman Law can handle legal matters while you focus on your medical recovery.
Our attorneys are committed to pursuing full compensation for every client. Rollover accidents can result in particularly severe and life-threatening injuries, and that’s why you need experienced legal representation to seek compensation for large medical bills, lost wages, and pain and suffering.
Our compassionate car accident attorneys and staff will walk beside you every step of the way through the legal process. To find out more about how we can help, contact us for a free initial consultation.