SUV Rollover Accidents

Car Crash Lawyers Representing Victims in Wheaton and Schaumburg

SUV rollover accidents can have devastating consequences for everyone involved. If you or your loved one has been injured in an SUV rollover accident that was not your fault, you may be entitled to compensation for your harm. At Therman Law Offices, our Wheaton and Schaumburg car accident lawyers can examine the facts of your case and provide you with an honest assessment of your claim. With over 35 years of combined experience, we understand how to navigate these types of claims efficiently and effectively.

Pursuing Compensation for an SUV Rollover Accident

A sport utility vehicle (SUV) is a vehicle classified as a light truck that can be used on rough ground but is commonly used as a family vehicle on city roads and highways. An SUV rollover accident takes place when the SUV tips over onto its side or roof. Rollovers have a higher fatality rate than other types of vehicle collisions. While rollover accidents can occur in any vehicle, they are more frequent in SUVs due to the SUV’s higher center of gravity. Rollover accidents are not uncommon nationwide. The National Highway Traffic Safety Administration (NHTSA) found that approximately 11,000 fatal rollover accidents take place each year in the United States. In fact, rollover crashes account for more than half of all single-vehicle auto accident deaths.

Driver negligence is the most common cause of SUV rollover accidents. Negligence is a common law cause of action recognized by Illinois courts. Under Illinois law, an individual is considered negligent if they cause an injury by failing to use the level of care that is expected of a reasonably prudent person in the same situation. To establish negligence, the plaintiff and their attorney must show the following elements:

• The existence of a duty owed to the plaintiff by the defendant;
• A breach of that duty;
• Injuries or losses to the plaintiff; and
• Causation leading from the defendant’s breach to the injuries or losses.

The existence of a duty simply means that the defendant must have been legally obligated to act in a certain manner toward the plaintiff. Essentially, if the defendant directly causes harm to the plaintiff by failing to act according to the standard applicable to the situation, such as by speeding in poor weather conditions, the defendant will be liable for the damages. It is important to note that Illinois follows the doctrine of modified comparative negligence, which means that a plaintiff may not recover anything if they were 50 percent or more at fault for the accident and their resulting injuries. A party’s percentage of fault is often a contested part of settlement discussions or trial.

Like other states, Illinois imposes a time limit in which a personal injury claim must be filed, known as the statute of limitations. When it comes to SUV rollover accident cases, injured parties have two years from the date of the crash to file a claim in civil court for personal injuries and five years to file a claim for property damage. If you do not file your claim within this time frame, you will be barred from taking any legal action in the future. Thus, time is of the essence in these types of cases.