INFORMATION AND WHAT TO DO.
Rollover accidents are particularly dangerous for drivers and passengers, with higher fatality rates than other types of car crashes. In a rollover, the vehicle can crush, pin, or trap occupants inside. Serious bone fractures, spinal cord injuries, brain injuries, and amputations are all common injuries in these car accidents. Negligent drivers, roadway defects, and the design of the vehicle can all contribute to rollover accidents. As a survivor of a rollover crash, or the loved one of someone who died, call the Murphy Law Firm for legal assistance from an experienced team of personal injury lawyers.
Tripped rollover accidents occur when a motor vehicle slides sideways off the roadway. When the tires reach soft soil or an object, the force on the tires causes the vehicle to flip forward.
Untripped rollover accidents occur when there is no object that serves as a tipping mechanism. Top-heavy vehicles that are speeding are at a greater risk for untripped rollovers.
It’s important to learn about the cause of the rollover accident so the cause of the car wreck can be determined, and thus who is liable for damages. Understanding the cause of the rollover can also help prevent crashes from occurring in the future.
§866. Compulsory motor vehicle liability security; failure to comply; limitation of damages
A.(1) There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
(2) For purposes of this Section, the meaning of “bodily injury” and “property damage” is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.
(3)(a) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:
(i) Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.
(ii) Intentionally causes the accident.
(iii) Flees from the scene of the accident.
(iv) At the time of the accident, is in furtherance of the commission of a felony offense under the law.
(b) The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.
B. Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
C. If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than the minimum amount of compulsory motor vehicle liability security, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.
D. Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section. All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law. Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.
E. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.
F.(1) Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.
(2) In claims where no suit is filed, the claimant’s insurer shall have all rights to recover any amount paid by the claimant’s insurer on behalf of the insured for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.
G.(1) Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not effectuate any of the following:
(a) The recovery for injury or damages that are otherwise prohibited under this Section.
(b) The defeat of any affirmative defense otherwise allowed under this Section.
(c) The avoidance of liability for court costs otherwise required under this Section.
(2) Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.
H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.
Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.
NOTE: See Acts 1997, No. 1476, §5(D)(2). The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998. Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.
Who Is Liable for Your Rollover in Louisiana?
Rollover accidents happen in the blink of an eye. One second, you are driving home and the next you’re sideways in a ditch with serious injuries. Knowing what caused your rollover accident is the first step in seeking compensation for your damages. While many things can cause a car to flip, the nature of rollover crashes points to a few of the most common causes.
The following parties, or a combination of parties, could be liable for your recent accident:
THE OTHER DRIVER
If another driver struck you or otherwise caused your vehicle to lose control and flip, file a claim against him or her in pursuit of recovery. The driver may have been texting and driving, speeding, driving under the influence, going the wrong way, or otherwise driving recklessly in a way that caused your crash. In these cases, you could potentially sue the driver for damages.
THE VEHICLE MANUFACTURER
National crash data shows that a surprising 85% of rollover-related deaths occur in single-vehicle crashes. In some cases, the design of the vehicle contributes to single-vehicle rollovers. If a design defect made the vehicle unreasonably susceptible to turning over, you may have grounds for a products liability claim against the manufacturer.
Vehicles can flip, lose control, run off the road, and rollover when something on the roadway “trips” the car, such as a pothole. If the city reasonably should have known about the roadway defect but did nothing to fix it, you could have a case against the government. Claims involving government defendants abide by different rules and deadlines than typical claims.
Art. 2323. Comparative fault
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.
It typically takes an official investigation of the rollover accident to determine its cause. Investigators, police officers, and insurance companies may need to look at the location of the crash, the state of the vehicle, the roadway, and other elements to piece together how and why the rollover happened. A personal injury attorney can help victims identify the appropriate defendant(s) and negotiate insurance claims settlements for maximum results. At Murphy Law Firm, we have decades of experience handling rollover accident cases in Louisiana and can guide you in the right direction.
Surviving a rollover doesn’t mean your troubles are over. You might have suffered serious injuries, accompanied by expensive hospital bills lost wages from missed time at work, and substantial damage to your vehicle. When facing these losses after a car crash, make sure you protect your rights. Contact the dedicated personal injury lawyers at Murphy Law Firm. Call (225) 928-8800 for a free car accident consultation.