The short answer
After a rollover in California, responsibility may fall on more than the driver. A manufacturer, tire maker, repair shop, another driver, or a road owner may share fault depending on the facts. Keep the vehicle and its event data recorder out of salvage, because that evidence often decides whether a defect or another cause can be proven.
A rollover accident happens when a vehicle tips onto its side or roof. Rollovers are more likely in vehicles with a higher center of gravity, such as SUVs, pickup trucks, and vans, but they can happen to any vehicle. In Los Angeles, rollovers occur on freeway ramps and connectors, on winding canyon roads, on slick pavement, and after a tire failure or a collision that trips the vehicle. Rollovers often cause very serious injuries, because the occupants can be thrown around inside the vehicle, struck by a collapsing roof, or ejected from the vehicle altogether.
A rollover is also different from many other crashes because there may be several possible causes and several responsible parties. Depending on the facts, responsibility could involve another driver who caused the vehicle to swerve or trip, a manufacturer whose design or restraint system failed, a tire maker or seller, a repair shop or maintenance provider, or the owner of a road with a dangerous condition. Many families are told only that the driver lost control. That is often just the beginning of the question, not the answer.
Our founding attorneys spent years on the insurance defense side and inside a major auto insurer, so we know how rollover claims are defended. Insurers and manufacturers often point to speed, whether a seat belt was worn, or general driver error, and they may move quickly to inspect or take possession of the vehicle. We send preservation demands early, work to keep the vehicle and its event data recorder out of salvage, and bring in qualified experts when a product defect may be involved.
Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you. We are available 24/7. If you or a family member was hurt in a rollover anywhere in Los Angeles or San Bernardino, call before the vehicle is sold, repaired, or crushed.
From the other side of the table
How insurers and manufacturers defend a rollover claim
"The driver was going too fast"
Speed is the first explanation offered in many rollovers. We look at what the vehicle data actually shows, what the road conditions were, and whether a defect or another driver played a part regardless of speed.
"The seat belt wasn't worn"
Defense teams often argue that the injuries came from not wearing a seat belt. We examine the belt, the buckle, and the restraint system, and whether a defect or failure contributed to the harm.
"It was just driver error"
Calling a crash driver error ends the conversation about the vehicle, the tires, and the road. We look at the design of the vehicle, the roof strength, the tires, the maintenance history, and other sources of risk.
Taking control of the vehicle
An insurer may inspect, move, or total the vehicle quickly, and a salvage yard may crush it. Once it is gone, so is much of the physical evidence. We send preservation demands right away.
Why it happens
Common causes
Tire failures
A blowout, tread separation, or sudden loss of pressure can cause a driver to lose control and the vehicle to roll. Tire age, condition, and maintenance may matter.
Tripped rollovers
A vehicle that slides sideways and catches on a curb, soft shoulder, guardrail, or uneven ground can be tripped onto its side or roof.
Vehicle design and stability
A high center of gravity, a narrow track, or other design choices can make some vehicles more prone to rolling, and a design defect may be involved.
Roof crush and weak structure
If a roof collapses inward during a rollover, occupants can suffer severe head and neck injuries that a stronger roof might have prevented.
Seat belt and restraint failures
Belts that fail to lock, release unexpectedly, or do not hold an occupant in place can lead to ejection or severe injuries.
Collisions with other vehicles
A driver who clips, cuts off, or forces another vehicle off the road can start a chain of events that ends in a rollover.
Road hazards and maintenance problems
Debris, potholes, soft shoulders, poorly marked curves, and faulty repairs or brake and steering problems can all contribute to a loss of control.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses, now and in the future
Emergency care, surgery, hospital stays, rehabilitation, medication, and the expected cost of long-term care, supported by your treating providers.
Lost income and earning capacity
Wages you lost while recovering, and the reduced ability to earn if your injuries limit the work you can do.
Pain, suffering, and loss of enjoyment of life
The physical pain, emotional distress, and changes to daily life that follow a serious rollover.
Home and vehicle modifications
If your injuries require changes to your home or vehicle, such as ramps or adapted controls, these costs may be part of the claim.
Wrongful death damages
For families who lose a loved one, compensation for lost financial support, companionship, guidance, and funeral expenses.
Punitive damages in appropriate cases
If a company knew about a danger and consciously disregarded it, or a driver acted with conscious disregard for safety, punitive damages may be available in appropriate cases.
The rules that apply
California law you should know
Design defect claims
A vehicle may be considered defectively designed if it fails to perform as safely as an ordinary consumer would expect, or if the design's risks outweigh its benefits.
Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413
Pure comparative fault
If the defense argues you share some blame, for example for speed or not wearing a seat belt, compensation is reduced by your percentage of fault rather than barred.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Owner responsibility for permissive drivers
The owner of a vehicle who lets someone else drive it can be responsible for harm that driver causes, subject to limits set by statute.
Vehicle Code § 17150
Dangerous conditions of public property
A public entity may be responsible for a dangerous condition on its roads in certain circumstances, but special rules and defenses apply.
Government Code § 835
Government claim deadline
If a public entity may be responsible, a government claim generally must be presented within six months, much shorter than the usual deadline.
Government Code § 911.2
Two-year injury deadline
Most personal injury lawsuits must be filed within two years, but the vehicle and its data can be lost much sooner.
Code of Civil Procedure § 335.1
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- The vehicle itself, kept out of salvage and repair, and stored where it can be inspected
- The vehicle's event data recorder (black box) and any infotainment or telematics data
- The tires, wheels, and restraint system, including seat belts and buckles
- The police or CHP collision report number and the investigating agency
- Photos and video of the scene, the roadway, tire marks, and the vehicle's final position
- Maintenance, repair, and tire purchase records
- Names and contact information for witnesses and other drivers involved
- Your medical records, bills, and proof of lost income
Mistakes insurers count on
- Letting the vehicle be sold, repaired, or sent to salvage
- Signing over the vehicle to an insurer before it has been inspected
- Giving a recorded statement to any insurance company
- Discarding the tires, wheels, or seat belts
- Accepting a quick settlement offer before the full injury is understood
- Posting about the crash or your injuries on social media
Step by step
How we handle your case
- 1
Listen and protect you first
We start with a conversation, explain your options in plain language, and handle calls from insurers so you do not have to.
- 2
Preserve the vehicle and its data
We send preservation demands for the vehicle, its event data recorder, the tires, and the restraint system, and arrange for qualified experts to inspect them before they are changed or destroyed.
- 3
Investigate every possible cause
We examine the scene, the vehicle, the tires, maintenance records, and other vehicles to find out what started the roll and what made it worse.
- 4
Identify every responsible party and insurer
We look at drivers, owners, manufacturers, tire makers and sellers, repair shops, and road owners, and at every policy that may apply, including your own coverage.
- 5
Document the full impact of your injuries
We gather medical records and bills and, where appropriate, work with medical and financial professionals to show the long-term cost of serious injuries.
- 6
Negotiate from strength or go to trial
We negotiate with insurers and manufacturers and file suit when necessary, preparing every case as though it will be tried.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
Rollovers can have many causes, including tire failures, tripped rollovers after sliding off the road, collisions with other vehicles, loss of control from speed or road conditions, and vehicle design. Because causes vary, we investigate the vehicle, the road, and the other vehicles involved rather than assuming driver error.
Vehicle Accidents