In Texas, a rollover crash can be a claim against another driver who forced the vehicle off the road, a vehicle or tire manufacturer if a defect caused or worsened the injuries, or a road authority in limited cases. Rollovers cause roof crush and ejection injuries that are often catastrophic. Owsley Law Firm preserves the vehicle, finds every responsible party, and charges no fee unless it wins.
What causes rollover crashes?
A rollover usually begins with a trip: a tire digs into soft ground, strikes a curb, or catches the edge of a pavement drop-off, and the vehicle’s momentum carries it over. Other rollovers follow a high-speed swerve or a collision that pushes a vehicle sideways. SUVs and pickups, which are popular in Texas, have a higher center of gravity and roll more readily than cars.
Common triggers include a sudden swerve to avoid another driver, a tire blowout, an overcorrection after drifting off the road, a sideswipe at highway speed, and road edges with a steep drop-off. Rural highways with narrow shoulders are particularly dangerous.
Who is liable for a rollover crash in Texas?
Liability depends on why the vehicle rolled and why the injuries were so severe.
- Another driver who cut you off, sideswiped you, or forced you off the road
- The vehicle manufacturer if the roof crushed, a door opened, a seat belt failed, or the vehicle was unstable
- A tire manufacturer or installer if a tread separation or blowout started the crash
- A repair shop that performed faulty work on tires, suspension, or steering
- A government entity responsible for a dangerous road condition, within the limits of the Texas Tort Claims Act
- Your own UM/UIM coverage if the other driver is uninsured or underinsured
How do product liability claims work in a rollover?
Even when a rollover starts with another driver’s mistake, the injuries are often caused or made worse by the vehicle itself. A roof that collapses into the passenger space, side windows that let an occupant be ejected, a seat belt that unlatches, or a seat that collapses backward can turn a survivable crash into a catastrophic one. Texas products liability law is found in Chapter 82 of the Civil Practice and Remedies Code. A design defect claim generally requires proof that a safer alternative design existed and would have prevented or significantly reduced the injury.
These claims require the vehicle to be preserved exactly as it is after the crash. If an insurer takes the vehicle to a salvage yard and it is crushed or sold, the most important evidence is lost. Texas also has a 15-year statute of repose for many product claims, which makes the age of the vehicle relevant.
What injuries do rollover crashes cause?
Rollover injuries are among the most serious in vehicle crashes: traumatic brain injury, spinal cord injury and paralysis when the roof crushes, neck fractures, crush injuries, and severe injuries from ejection. Even belted occupants can suffer head and neck injuries as the vehicle rolls. Rollover crashes account for a disproportionate share of deaths in passenger vehicle crashes according to federal highway safety data, and survivors often face lifelong care needs.
What evidence proves a rollover claim?
The vehicle is the most important evidence. Its roof, restraints, tires, and event data recorder show what happened and why the injuries occurred. The scene matters too: tire marks, gouges, the path of travel, the roadside slope, and any curb or drop-off that tripped the vehicle. The firm also gathers the crash report, witness accounts, video, medical records, and, in a product case, the vehicle’s design and recall history. Experts in reconstruction, biomechanics, and vehicle design are often needed.
Does it matter whether I was wearing a seat belt?
Yes. Since the Texas Supreme Court's 2015 decision in Nabors Well Services v. Romero, seat belt use or nonuse can be used to apportion responsibility for injuries, so the defense will raise it. If you were belted and still seriously hurt, that fact can support a claim that the restraint system or roof failed. If you were not belted, you can still recover, but the defense may argue that some injuries would not have happened with a belt. The physical evidence in the vehicle often answers the question.
How much is a rollover accident case worth?
Because rollover injuries are often catastrophic, the claim usually centers on future needs: lifetime medical care, attendant care, home and vehicle modifications, lost earning capacity, and the pain and impairment of a permanent injury. These elements are proven with life care planners, physicians, and economists. Where a product defect is involved, the manufacturer’s resources are not limited by the Texas minimum policy, which can matter a great deal to a family facing decades of care.
Can a tire failure cause a rollover claim?
Yes. A tread separation or sudden blowout at highway speed can pull a vehicle hard to one side, and an SUV or pickup that leaves the pavement can trip and roll. The claim may lie against the tire manufacturer for a design or manufacturing defect, against a shop that installed the wrong tire or failed to spot a recalled or aging tire, or against a dealer that sold a used tire past its safe service life. The failed tire and all of its pieces must be kept. A tire expert can usually tell from the tread, belts, and bead whether the failure came from a defect, underinflation, a puncture, or an impact.
What should you do after a rollover crash?
Get medical care and keep the vehicle. Tell your insurer in writing that the vehicle must not be salvaged, destroyed, or repaired until it is inspected. Collect photographs of the scene and the vehicle, and the names of witnesses and first responders. Do not give recorded statements to other insurers. Contact a lawyer quickly, because product claims depend on preservation, and claims are generally due within two years under section 16.003.
Common questions
What clients ask about rollover accidents.
Can I sue the car manufacturer after a rollover?
Possibly, if a defect in the roof, restraints, doors, tires, or stability caused or worsened the injuries. Those claims depend on preserving the vehicle and expert analysis.
What if no other car was involved?
A single-vehicle rollover can still involve a claim against a tire or vehicle manufacturer, a repair shop, or, in limited cases, a road authority.
Are SUVs more likely to roll over?
Vehicles with a higher center of gravity, such as SUVs and pickups, are generally more prone to rolling over than lower cars, which is one reason stability is part of vehicle design analysis.
What happens to my car after a rollover?
Insurers often total and salvage the vehicle quickly. If a product claim is possible, ask your insurer in writing to hold the vehicle and call a lawyer before it is released.
How long do I have to file a rollover claim?
Generally two years under section 16.003 for injury claims. Product claims may also be subject to the 15-year statute of repose, and government claims have short notice deadlines.