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A rollover is one of the deadliest things that can happen on the road. As a vehicle flips, the occupants are battered through several impacts, the roof can crush down into their space, and anyone not fully restrained, or restrained by a belt that fails, can be partially or fully ejected. The National Highway Traffic Safety Administration has reported that rollovers account for a disproportionate share of passenger-vehicle occupant deaths. It is also why the easy explanation, that the driver simply lost control, is so often incomplete: the real cause may be a defective tire, an unstable vehicle, or a weak roof, and finding out takes a real investigation.
Auto-accident attorneys at Vahdat Weisman Law represent people catastrophically injured in rollover crashes and families who have lost someone in Livonia and across Michigan. We do not accept “single vehicle” as the end of the fault analysis, and we move fast to preserve the evidence that tells the real story.
A rollover is rarely one clean impact. It is a series of violent impacts as the vehicle rotates, and it brings two dangers other crashes do not. The first is ejection: rollover forces can pop doors open, shatter side windows, and defeat a poorly designed or failed restraint, throwing an occupant from the vehicle, and NHTSA data shows total ejection is frequently fatal. The second is roof crush: a roof that buckles when it strikes the ground drives down into the head and neck of the people below it, causing severe brain and spinal injuries. Both raise vehicle-design questions, not just driver-conduct questions.
A rollover claim is really two investigations. The first is what caused the vehicle to roll. The second, just as important, is whether the vehicle made the injuries worse than they should have been. Even if something else caused the vehicle to roll, a manufacturer may still be responsible for injuries made worse by a defective roof, restraint, glazing, or door-latch system, a problem the law calls a crashworthiness or “enhanced injury” claim. Proving it usually means separating the injuries that would have happened anyway from the ones the defect added, which takes biomechanical, reconstruction, and design experts.
The defect question usually falls into three buckets: tire failure, rollover propensity, and occupant protection. Taller vehicles like SUVs, vans, and trucks carry a higher center of gravity, which raises rollover risk; electronic stability control can reduce that risk, but the question is whether the vehicle’s design and stability systems were reasonably safe for foreseeable maneuvers. A tire that comes apart, the tread peeling away from the body of the tire, can throw a vehicle out of control at speed and is a classic cause of rollovers. And a roof that crushes points to the roof structure itself.
Michigan does not apply strict liability to product defects. To hold a tire or vehicle manufacturer accountable, the law requires proof that the product was not reasonably safe when it left the manufacturer’s control and that a practical, technically feasible, and economically feasible alternative design was available that would have prevented the harm. And do not let a manufacturer dismiss your claim just because the vehicle met Federal Motor Vehicle Safety Standards such as FMVSS 216a, the roof-crush standard. Under Michigan law, federal compliance creates a rebuttable presumption that the manufacturer is not liable, which is a serious hurdle but not the end of the case. That standard is a minimum floor, not a maximum ceiling, and with engineering proof, a roof that caves in on a survivable rollover can still be shown to be defectively designed. We work with engineers to determine which of these was at work.
In a single-vehicle rollover, the insurer’s first move is to pin everything on the driver, and sometimes that is fair. Often it is not. A driver who swerved to avoid a hazard, whose tire failed, or whose top-heavy vehicle tipped where a stabler one would is not the whole story, and a dangerous road, a missing guardrail, or a defective vehicle may be the real cause. We are also realistic about the defense: comparative fault can reduce a recovery, and arguments about speed, overcorrection, distraction, fatigue, or seat-belt use will come, so a driver’s share of blame does not automatically end the case, but it has to be confronted head-on. Proving what really happened depends on evidence that is easy to lose: the vehicle itself, the tires, and the data in the event recorder, all of which can be repaired away or sent to salvage within days. Once the vehicle is repaired, sold, or scrapped, the best defect evidence may be gone, so we move immediately to secure it.
Even in a single-vehicle rollover, Michigan no-fault applies. Personal injury protection benefits pay for medical care and a share of lost wages regardless of fault, though the first question is which insurer is responsible under Michigan’s priority rules, and an owner of an uninsured involved vehicle can be barred from benefits. How much coverage applies depends on the level of the governing policy, and benefits are limited by the one-year notice requirement and the one-year-back rule, so delay can permanently cut off unpaid bills even on a valid claim. If a catastrophic injury exhausts a capped policy, excess economic-loss claims may exist against a legally responsible driver, manufacturer, or other defendant, depending on proof and coverage.
A claim against an at-fault driver for pain and suffering generally requires death, permanent serious disfigurement, or a serious impairment of body function, or an objectively manifested impairment of an important body function that affects your general ability to lead your normal life. A serious rollover injury usually clears that bar, but the defense still contests it. If another driver caused the rollover, optional uninsured or underinsured motorist coverage may apply depending on the policy and the other driver’s insurance. Where a defect caused or worsened the injuries, a product liability claim against the vehicle or tire manufacturer is often the most important part of the case. Where a road hazard contributed, a highway-defect claim against the responsible governmental agency may exist, but it requires written notice within 120 days that specifies the exact location and nature of the defect, the injury, and known witnesses. When a rollover is fatal, the estate’s personal representative may bring a wrongful death action for the benefit of the eligible survivors. We identify each possible claim and pursue the ones the evidence supports.
Rollover survivors often face the most serious injuries we handle: traumatic brain injuries, spinal cord damage and paralysis, and the lasting effects of an ejection or a crushed roof, which can mean a lifetime of care. We work with medical and economic experts to document the full, long-term cost, because early offers often arrive before the future medical-care, wage-loss, and home-care numbers are even known.
We move first to preserve the vehicle, the tires, and the event-data-recorder information before anything is altered, with prompt letters to the insurer, the tow and salvage yards, and the manufacturer. We bring in the engineers who can show why the rollover happened and why the injuries were as severe as they were. And we identify every responsible party- a driver, a vehicle or tire manufacturer, or a road authority- and pursue every available policy and benefit. From our Livonia office, attorneys Jordan S. Vahdat and Kara E. Weisman handle rollover and crashworthiness claims for clients across Metro Detroit and the rest of Michigan on a contingency-fee basis, so there is no attorney fee unless we recover for you.
Vahdat Weisman Law is a personal injury firm based in Livonia, Michigan, representing injury victims and their families throughout the state. Our attorneys, Jordan S. Vahdat and Kara E. Weisman, bring courtroom experience and a hands-on approach to investigation and case strategy. We prepare every matter as if it will go to trial, which positions clients for stronger settlements and protects their rights if litigation becomes necessary.
We handle rollover and crashworthiness injury claims on a contingency-fee basis, which means there is no attorney fee unless we recover compensation for you. From our Livonia office, we serve clients across Metro Detroit and the rest of Michigan, and we explain every step in plain language so you can make informed decisions about your case.
If you were hurt or lost a loved one in a rollover crash, contact Vahdat Weisman Law in Livonia today at (734) 469-4994 for a free, confidential consultation. Because the vehicle and the evidence it holds can be lost within days, the sooner we hear from you, the more we can protect. Reach out through our contact page to tell us what happened and learn about your options.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.