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SUV's and Rollovers
In order to pursue your case, you must have the vehicle in your possession.
More than 10,000 people a year are killed in rollovers according to the Insurance Institute for Highway safety. When vehicles roll, their roofs hit the ground, deform, and crush. Poorly designed, weakly supported roof designs are to blame.
Another factor in tire rollovers is tire failure as the result of manufacturing defects. A Duncan Firm SUV (sport utility vehicle) rollover attorney will employ investigators and engineers to determine what caused your SUV to flip. Duncan Firm has successfully represented victims in death and injury and product liability lawsuits growing out of these tragic crashes. Read about our success record in rollover lawsuits.
In the process of winning these cases, Duncan Firm has compiled documents and completed research on these vehicles. Depending on the facts, we will pursue your case as personal injury, wrongful death and/or product liability. In all cases, we know what a fair settlement looks like. We also know how to prepare for trial, what experts to hire, and how to present the evidence so juries can understand design negligence and how dangerous these vehicles are. In short, a Duncan Firm SUV rollover attorney has the depth of experience to get you the best settlement or jury verdict in the shortest possible time.
Cases We've Won
Confidential Settlement - Beach, et al. v. DaimlerChrysler Corporation
In this case, a high school student was burned to death in the rollover of a Dodge Ram pickup. Duncan Firm determined that the gas tank had exploded due to poor design and was therefore defective. A settlement was obtained for the victim's family.
Confidential Settlement - Cobb v. General Motors
In this case a young woman, on her way to be fitted for her wedding gown, was killed when the Chevrolet Blazer she was driving crashed and rolled over. From the circumstances of this tragedy, Duncan Firm determined the woman's death was due to poor seatbelt design. The victim's family was awarded a settlement.
SUV Rollover Dangers
Any vehicle can roll in a crash, but the problem is worse in some kinds of vehicles than others. About 25 percent of occupant deaths in crashes of cars and minivans involve rolling over. For SUVs, this proportion jumps to 59 percent. Why is this?
- High center of gravity/narrow track width. Since SUVs have a higher center of gravity than other vehicles on the road it makes them top heavy. A corrective action puts an SUV in a rollover position.
- Weight. SUVs are supposed to be able to carry a heavy load of people, equipment, etc, over any type of terrain. This fact has made SUVs a popular family car. But more weight increases the chances of an SUV rollover accident occurring, despite the belief that added weight will add stability.
- Removal of the roll bars. An SUV without roll protection is what makes an SUV rollover accident so dangerous. Although SUVs were made for the purpose of off-road driving, when manufacturers decided to market them as family cars they removed the roll bar protection. This, combined with the high clearance and high center of gravity, make SUV rollover accidents more potentially fatal.
In order to pursue your case, you must have the vehicle in your possession. One of the first things we do is send a letter to a salvage yard or to an insurance company to ask that the vehicle be preserved. It is extremely important to your case that the vehicle be preserved in the same condition it was in after the wreck and that it is maintained in that condition.
Consumers frequently have questions regarding their accident and whether a lawsuit is really worth pursuing. We have gathered additional helpful information on these pages, including frequently asked questions and laws and changes we can stand behind.
Frequently Asked Questions
If you don't see your question answered here, click here to submit a question or call Duncan Firm directly at 877.638.6226.
Q. 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.
Q: 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.
Q: Does the year of the vehicle make a difference in filing lawsuit ?Yes, it can. The statute of limitations for filing a personal injury lawsuit in Arkansas is three years. Product liability lawsuits are governed by what's known as a statute of repose, which in Arkansas is five years from the date the vehicle was sold by the manufacturer. There can be mitigating circumstances and these lawsuits are complex. A Duncan Firm attorney can give you a realistic assessment of your case quickly.
Q: Is a lawsuit worth pursing when the SUV involved is older?Yes, an experienced rollover attorney will know how to pursue a case with an older vehicle.
Q: Why is it so important to hire an SUV rollover attorney who is also an experienced trial attorney?Many cases settle before trial, but if you want to maximize your settlement, your attorney has to be willing to go all the way to the courtroom. The Duncan Firm has done this many times on SUV rollover cases. Major business and insurance companies know this, so it is an incentive for them to settle. And if they don't, we have a track record of beating them in court.
Q. What if my family member was killed in a rollover accident?A fatality most likely will involve a wrongful death lawsuit. In this case the victim's spouse or children are entitled to damages for loss of wages, pain and suffering and loss of marital companionship.
Q: What will an attorney cost?Duncan Firm will not charge anything to represent you. We will take a percentage of the settlement offer as payment when we win.
Q: Are there any hidden fees?No. Duncan Firm will not charge you fees for consultations, opening your file, copies, long distance, etc. Before you hire a lawyer, make sure you find out what they will be charging you, as these hidden fees can add up.
Q: What is my accident and injury claim worth?The value of your SUV accident injury claim depends on the severity and permanence of your injuries. A Duncan Firm vehicle injury attorney can assess your claim and tell you what it may be worth.
Q: Should I accept the offer that the insurance company has given me?An experienced attorney often can get insurance companies to substantially increase the amount of a settlement offer. If you have already received an offer for your injuries, contact a Duncan Firm vehicle injury attorney for an assessment of the offer to see if it is fair for your circumstances. You will not be charged for this consultation.
Q: 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. A Duncan Firm attorney will be familiar with these issues and can give you an assessment of your situation.
Q: Will pursuing my case take up a lot of my time?No. At the Duncan Firm we often only have to meet with you for an initial interview and then we can do business over the phone. Of course, if we have to go to court, it will involve more time. But we will treat your time as valuable as we treat our own.
Q: Will I have to go to trial?Most personal injury cases don't go to trial. However, just in case, we treat each case as if it is going to be tried in court. It's also an incentive for the insurance company to settle on your terms. A Duncan Firm attorney will discuss prospects of your case with you.
Q: Lawsuits can be expensive. Will it cost me any money up front for filing fees, court costs, expert witness fees, and any other costs?Filing a lawsuit, paying court costs and expert witness fees can be very expensive. Duncan Firm will pay these costs, including paying expert witness, who can make the difference between getting thousands of dollars and getting nothing for your personal injury claim. Before you hire a lawyer, make sure they have adequate resources to pursue your case.
Q: What if the person who caused the accident does not have any insurance?Most insurance includes uninsured motorist's coverage. In this case, your insurance company will be obligated for your damages. Duncan Firm will pursue your case against your own insurance company they same as with any other insurance company.
Q. What if I don't have any insurance?A Duncan Firm attorney will look at the facts surrounding your case to determine who might be responsible for your injuries even if you don't have insurance.
Q: Who pays my medical bills?Most Arkansas motor vehicle insurance policies have Personal Injury Protection, or PIP, no-fault healthcare coverage that covers your accident related medical expenses for up to one year or $15,000. Unfortunately, insurance companies do not like to pay these bills and will often send you for an "independent" medical exam, where you are evaluated by a doctor who works for companies that mainly do exams for insurance companies. No matter what these doctors say, if your personal doctor (or the doctor who first treated you for your injuries) believes the treatment is related to the accident, Duncan Firm can almost always get the insurance company to pay the medical expenses. We do not charge clients for helping get their medical bills paid.
Q: Doctors are coming after me for unpaid bills, can you help?Duncan Firm attorneys routinely work with healthcare providers to keep them from sending clients to collections for unpaid bills. Often, we can keep them from sending bills to collections if we agree in writing that we will pay them first once we get paid on a settlement or judgment. When there is not enough insurance coverage to pay all of the bills, we can usually get healthcare providers to reduce their bills low enough so that there is still money left over for our clients.
Q: I am out of work as a result of my injuries. Can you help me?Yes. Your personal injury protection insurance provides wage loss for up to 52 weeks after your accident. Duncan Firm attorneys and staff will work with your doctors and your insurance company to make sure you are promptly paid the maximum amount of your wage loss benefits. If your injuries are permanent and you are forced to find a new line of work, the other party should have to pay for any future lost wages and retraining costs. We often hire a vocational rehabilitation expert to determine how much your future lost wages and retraining expenses will be, so we can make these costs part of any settlement or judgment.
Q: I don't want to bankrupt somebody. What happens to the person I sue?Although the lawsuit will have the other driver's name on it, we are actually going after the insurance company. In most every case, the person we sue does not pay, their insurance company pays.
Q: What parts of Arkansas do you handle cases in?A: Although we are located in Little Rock, we handle cases throughout Arkansas and even in other states.
Online Resources
- Consumer Reports: Rollover poses real risks
- Insurance Institute for Highway Safety: status report on rollovers, March 2009
Laws/Changes We Can Stand Behind
- More than 10,000 people a year are killed in rollover crashes in the United States and the government has been considering tougher roof requirements for several years. The standards have not been significantly changed since 1973.
- Current vehicles need to withstand direct pressure of 1.5 times the weight of the vehicle. The rules only apply to vehicles of 6,000 pounds or less, excluding many SUVs and pickup trucks.
- The Bush administration considered a standard of 2.5 times the vehicle weight but did not finalize it. The Obama administration could release new requirements by late April.
- We support the Insurance Institute for Highway Safety's newly announced rating system for roof strength. Under the system, a vehicle roof must withstand a force of 4 times the vehicle's weight to receive the top score. For the second-highest rating, a roof must withstand a force of 3.25 times the vehicle weight.
- See a list of ranked vehicles.
