Baton Rouge Rollover Accident Lawyer

Rollover Accident Attorney in Baton Rouge, LA

Rollover accidents are particularly dangerous for drivers and passengers, with higher fatality rates than other types of car crashes. In these incidents, the vehicle can crush, pin, or trap occupants inside. Compensation for these accidents can be complicated, as there may be several at-fault parties. You need a Baton Rouge rollover accident lawyer to help you figure things out.

Serious bone fractures, spinal cord injuries, brain injuries, and amputations are all common rollover car accident injuries. Negligent drivers, roadway defects, and the design of the vehicle can all contribute to a car rollover accident.

Your Baton Rouge Rollover Accident Attorney

As a survivor of a rollover crash or the loved one of someone who died, call our team of attorneys at Murphy Law Firm for legal assistance. We have more than three decades of experience handling rollover accident cases in Louisiana and can guide you in the right direction. Peyton Murphy meets with every new client, and Murphy Law Firm is in court every day.

Our team has secured over $250 million for our clients, including an $18.9 million verdict for an auto accident. We know the legal strategies to increase the value of accident cases, and use our experience to help you get the financial support you deserve. When rollover accidents cause serious injuries like shoulder, neck, back, and brain injuries, our firm can help.

What to Do After a Rollover Accident

It is essential to report a rollover accident to emergency responders after one happens and once everyone is safe.

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 car wreck lawyer can help victims identify the appropriate defendant(s) and negotiate insurance claims settlements for maximum results.

There were over 5,000 suspected injury crashes in East Baton Rouge Parish in 2024, and nearly 5,600 injuries in these accidents occurred in Baton Rouge. There were 41 suspected injuries or fatal accidents that occurred in East Baton Rouge Parish, where the first harmful event was a rollover. This doesn’t account for accidents where vehicles collided and caused a rollover.

There are two main types of rollover accidents:

1. Tripped rollover: 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.
2. Untripped rollover: 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 of untripped rollovers.

It’s important to learn about the cause of the rollover accident so that 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.

Who Is Liable for Your Rollover?

Rollover accidents happen suddenly. One second, you are driving home, and the next, you’re sideways in a ditch with serious injuries. There can be several factors that cause these accidents. Busy roads like I-10 and I-110 often see serious accidents like rollovers. Knowing what caused your rollover accident is the first step in seeking compensation for your damages. In Baton Rouge, Louisiana, the following 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, you can file a claim against them in pursuit of recovery. The driver may have been texting and driving, speeding, drunk driving, going the wrong way, or otherwise driving recklessly in a way that caused your crash.

In these cases, you could potentially file a claim against the driver’s insurance for damages. Contact a distracted driving lawyer to provide you with the necessary legal guidance and representation. They will help you understand your rights and options for pursuing a claim against the driver responsible for the crash.

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.

The City

Vehicles can flip, lose control, run off the road, and roll over 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 from typical claims.

Louisiana Rollover Laws

Louisiana “No Pay, No Play” Rule

A.

1. When an owner or operator of a motor vehicle involved in an accident fails to own or maintain compulsory car insurance, there shall be no recovery in a motor vehicle accident claim for the first $100,000 of bodily injury and no recovery for the first $100,000 of property damage.
2. “Bodily injury” and “property damage” are governed by the applicable car insurance policy or the commonly ascribed meaning of such terms when security other than an insurance policy is used.
   1. The limitation of recovery provisions of this Subsection does not apply if the driver of the other vehicle:
      1. Is cited for a violation of R.S. 14:98, or driving under the influence of drugs or alcohol, in the accident and is subsequently convicted of or pleads nolo contendere to such offense.
      2. Intentionally causes the accident.
      3. Flees from the scene of the accident.
      4. Is committing a felony offense under the law at the time of the accident.
3. Recovery limitations do not apply if the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title at the time of the accident.

1. Each person who is involved in an accident who is found to be liable for damages in which the other motor vehicle was not covered by car insurance may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
2. If the owner of a motor vehicle, who fails to own or maintain car insurance, files 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 $100,000 of bodily injury, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.
3. 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 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 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 a declaration is irrelevant to the application of this Section.

1. Nothing in this Section shall prevent a passenger in a vehicle from asserting a claim to recover damages, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This does 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 $100,000 of bodily injury and the first $100,000 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 $100,000 of bodily injury and the first $100,000 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 car 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:
   1. The recovery for injury or damages that are otherwise prohibited under this Section
   2. The defeat of any affirmative defense otherwise allowed under this Section
   3. 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.

1. 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.

FAQs

What Factors Determine Liability After a Rollover Accident in Baton Rouge?

A thorough investigation is needed to determine liability after a rollover accident in Baton Rouge, as it may have been caused by another driver, dangerous road conditions, a vehicle malfunction, or a poorly designed vehicle.

To hold a driver at fault, you must prove they behaved negligently and caused the accident because of that negligence. To hold a vehicle manufacturer liable, there are different standards. You must prove the vehicle was unreasonably dangerous, and other elements.

What Evidence Does a Lawyer Need to Build a Strong Rollover Accident Case?

The evidence that a lawyer needs to build a strong rollover accident case varies, but often includes eyewitness testimony, the police and accident report, an inspection of the involved vehicles, professional accident reconstruction, information about the condition of the road, and footage during and after the accident. This information helps determine the liable party or parties and helps protect you from accusations of fault.

What Kind of Compensation Can I Seek After a Rollover Car Accident?

The compensation you can recover after a rollover car accident depends on your damages you directly sustained from the crash.

You could recover the cost of medical expenses, the long-term costs of treatment or complications, your lost wages, the long-term effect on your earning ability, the repairs to your vehicle, a replacement for a totaled vehicle, pain and suffering, and reduced quality of life. When you hire a car accident attorney, they can help you assess the value of these losses.

How Does Liability and Recovery Work Under Louisiana Law if I Was Partially at Fault for the Accident?

Liability and recovery are affected if you are partially at fault for the accident, as your recovery is limited by the same percentage that you were liable for the accident. For accidents prior to 2026, you can recover damages as long as you were not 100% liable for the crash. For accidents in and after 2026, you may be barred from compensation if you are found a certain percentage liable.

Contact Murphy Law Firm in Baton Rouge Today

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.

If you find yourself in a situation like this one, contact the dedicated personal injury lawyers at Murphy Law Firm. We have a team of experienced attorneys ready to help you secure the compensation you need to recover financially, physically, and emotionally. Contact us today to schedule a free consultation. We will come to you, and we will fight for you.

Your Path to Legal Resolution Starts with Murphy Law Firm.

When you choose Murphy Law Firm, you gain access to a team of experienced attorneys with a proven track record of success. We understand the importance of trust, and we strive to build lasting relationships with our clients by delivering exceptional results.

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