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Belleville Rollover Accident Lawyer
Rollover crashes are among the most violent types of collisions on the road. A vehicle that flips onto its side or roof puts every occupant at serious risk of traumatic brain injury, spinal cord damage, crush injuries, and worse. If you or someone you love was hurt in a rollover accident in or around Belleville, Illinois, you need to understand your rights, the laws that apply, and what steps to take next. The attorneys at Briskman Briskman & Greenberg, Chicago personal injury lawyers, are ready to help you pursue the full compensation you deserve.
Table of Contents
- Why Rollover Accidents Are So Dangerous
- Common Causes of Rollover Accidents in the Belleville Area
- Illinois Laws That Apply to Rollover Accident Claims
- What to Do After a Rollover Accident in Belleville
- Compensation Available in a Belleville Rollover Accident Case
- FAQs About Belleville Rollover Accident Lawyers
Why Rollover Accidents Are So Dangerous
Rollover crashes make up a small percentage of total crashes but cause a disproportionate share of serious injuries and deaths. According to the National Highway Traffic Safety Administration (NHTSA), approximately 3% of all car accidents involve rollover crashes, yet about 35% of all passenger vehicle fatalities are associated with a rollover or tip-over accident. Those numbers tell a stark story about the forces at work when a vehicle leaves its wheels and tumbles.
When a car rolls, occupants are thrown violently against windows, doors, and roof pillars. Ejection is a real danger if a seatbelt is not worn. Even with a seatbelt, the roof can collapse inward, crushing the passenger compartment. Injuries commonly seen in rollover crashes include traumatic brain injuries, broken necks and spinal cord damage, fractured ribs, internal bleeding, and severe lacerations. Recovery can take months or years, and some victims never fully recover.
Certain vehicles are more prone to rolling over than others. Commercial tractor-trailers, box vans, SUVs, passenger vans, and pickup trucks have a higher center of gravity and are more likely to be involved in a rollover event. If you were a passenger in one of these vehicles, or if another driver lost control of one near you, the consequences can be catastrophic.
Speed is a major factor as well. Driving faster than the posted speed limit accounts for approximately 40% of all deadly rollover crashes. Highways around the Belleville area, including Interstate 64 and Route 159, see high-speed traffic daily. A driver who loses control at highway speeds gives occupants almost no time to brace for impact. Alcohol and drug impairment also play a significant role in these crashes, compounding the danger for everyone on the road.
Common Causes of Rollover Accidents in the Belleville Area
Rollover crashes rarely happen without a reason. Most trace back to driver error, vehicle defects, or dangerous road conditions. Understanding what caused your crash is the first step toward building a strong claim.
Driver negligence is the leading cause. This includes distracted driving, drunk driving, excessive speed, and aggressive lane changes. A driver who cuts off an SUV on a highway ramp, for example, can cause the other driver to overcorrect and tip over. Impairment is another major factor. Driving under the influence of alcohol and drugs is a contributing factor in many rollover crashes. The Belleville area and the broader Metro East region see impaired driving incidents regularly, particularly on weekend nights along busy corridors.
Tire blowouts and vehicle defects can also trigger a rollover. A sudden blowout at highway speed causes a driver to lose control instantly. If the tire failed because of a manufacturing defect, the vehicle manufacturer or tire maker may share liability in your claim. Road hazards, including potholes, uneven pavement, and missing guardrails, can also contribute. If a dangerous road condition played a role in your crash, a government entity responsible for maintaining that road may bear some responsibility.
Tripped rollovers, where a vehicle strikes a curb, median, or soft shoulder and tips over, are actually the most common type. These often happen when a driver swerves suddenly to avoid another vehicle or obstacle. The area around Scott Air Force Base and the intersections along Route 15 in Belleville are examples of locations where sudden swerving maneuvers can lead to loss of control. Identifying all contributing causes, and all liable parties, is exactly what an experienced attorney does when investigating your case.
Illinois Laws That Apply to Rollover Accident Claims
Illinois law provides several important protections for rollover accident victims. Knowing how these laws work helps you understand what your case is worth and who can be held responsible.
Illinois follows a modified comparative fault rule. Under this rule, you can still recover compensation even if you were partly at fault for the crash, as long as your share of fault is less than 50%. Your total recovery is reduced by your percentage of fault. For example, if a jury finds you 20% at fault and awards $500,000 in damages, you would receive $400,000. This rule matters in rollover cases because insurance companies often try to blame the victim for losing control of the vehicle.
Liability among multiple defendants is governed by 735 ILCS 5/2-1117, the joint liability statute. Under that provision, defendants found 25% or more at fault are jointly and severally liable for all damages. Defendants found less than 25% at fault are only severally liable for damages beyond medical expenses. This matters when multiple parties, such as a negligent driver and a vehicle manufacturer, share responsibility for your crash.
Under 735 ILCS 5/13-202, you have two years from the date of the crash to file a personal injury lawsuit in Illinois. Miss that deadline and you lose your right to compensation, regardless of how clear the other party’s fault may be. If a loved one was killed in a rollover crash, the Illinois Wrongful Death Act (740 ILCS 180) gives the family two years from the date of death to file a wrongful death claim. Acting quickly is not just advisable. It is essential to preserving your rights.
Illinois law also requires drivers involved in crashes causing injury or death to remain at the scene. Under 625 ILCS 5/11-401, a driver who flees the scene of a crash involving personal injury commits a Class 4 felony. If the at-fault driver left the scene of your rollover crash, that criminal violation is relevant to your civil claim as well.
What to Do After a Rollover Accident in Belleville
The steps you take immediately after a rollover crash have a direct impact on your ability to recover compensation. Shock and adrenaline can make it hard to think clearly, but these actions matter.
Call 911 right away. Get medical help for anyone who is injured. Even if you feel fine, rollover crashes can cause internal injuries and traumatic brain injuries that do not show symptoms immediately. Get checked out at a hospital or urgent care facility as soon as possible. Delaying medical care gives insurance companies an argument that your injuries were not serious or were caused by something else.
If you are able to do so safely, document the scene. Take photos of all vehicles, the road surface, skid marks, any debris, and the surrounding area. Get the names and contact information of all witnesses. Note the exact location, whether that is near the Belleville Town Centre, along Route 161, or on a specific highway ramp. This information can be invaluable later.
Report the crash to police and get a copy of the police report. Do not give a recorded statement to any insurance company, including your own, before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that can minimize your claim. The same caution applies to signing any release or accepting any early settlement offer. Early offers rarely reflect the true value of a rollover injury claim.
Contact Briskman Briskman & Greenberg as soon as possible. Our team can begin investigating the crash, preserving evidence, and handling communications with insurance companies on your behalf. The sooner we get involved, the stronger your case can be. Call us at (312) 222-0010 for a free consultation. Families dealing with similar challenges across the region, from Oak Lawn car accident cases to Orland Park car accident claims, have turned to our firm for help, and we bring that same commitment to every case we handle.
Compensation Available in a Belleville Rollover Accident Case
A serious rollover crash can upend your entire life. Medical bills pile up fast. You may miss weeks or months of work. You may need ongoing rehabilitation, home modifications, or long-term care. Illinois law allows rollover accident victims to pursue compensation for all of these losses.
Economic damages cover your measurable financial losses. These include past and future medical expenses, lost wages, reduced earning capacity, costs of rehabilitation and physical therapy, and expenses for home care or assistive devices. In a serious rollover case, these figures can reach into the hundreds of thousands of dollars or more.
Non-economic damages cover the human toll of the crash. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships are all compensable under Illinois law. Spouses of seriously injured victims may also have a claim for loss of consortium. These damages are harder to quantify, but they are real, and they matter.
If the at-fault driver’s conduct was especially reckless, such as driving drunk at high speed, punitive damages may also be available. Punitive damages are not meant to compensate the victim. They are meant to punish the wrongdoer and deter similar behavior. Illinois courts award them in cases involving willful and wanton misconduct.
Victims of rollover crashes in the wider Chicago metro area, whether they need a Schaumburg car accident lawyer or a Waukegan car accident lawyer, face the same challenges: insurance companies that undervalue claims and legal processes that favor those who are prepared. The total estimated cost of crashes in Illinois for 2024 was $8.3 billion, and that figure reflects just how significant the financial burden of serious crashes truly is. Our attorneys at Briskman Briskman & Greenberg fight to make sure you are not left holding that burden alone. If a fatal rollover took a family member’s life, the Chicago car accident lawyers at our firm can also help the family pursue a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180).
Briskman Briskman & Greenberg is located at 205 W Randolph St., Suite 925, Chicago, IL 60606. Call (312) 222-0010 today to speak with our team about your rollover accident case. There is no fee unless we recover compensation for you.
FAQs About Belleville Rollover Accident Lawyers
How long do I have to file a rollover accident lawsuit in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of the crash to file a personal injury lawsuit in Illinois. If the crash resulted in a death, the family has two years from the date of death to file a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180). Missing this deadline almost always means losing your right to compensation entirely, so contacting an attorney as soon as possible after the crash is critical.
Can I still recover compensation if I was partly at fault for the rollover?
Yes, in many cases. Illinois follows a modified comparative fault rule. As long as you are found to be less than 50% at fault, you can still recover damages. Your total award is reduced by your percentage of fault. For example, if you are 30% at fault and your damages total $300,000, you would receive $210,000. Insurance companies often try to inflate a victim’s share of fault to reduce what they owe, which is one reason having an attorney on your side matters.
Who can be held liable for a rollover accident?
Liability depends on the facts of the crash. A negligent driver is the most common defendant, but other parties can also be responsible. A vehicle manufacturer may be liable if a defective tire, roof design, or stability system contributed to the rollover. A government agency may bear responsibility if a dangerous road condition, missing guardrail, or poorly designed roadway played a role. A bar or restaurant that overserved an intoxicated driver may face liability under the Illinois Dram Shop Act (235 ILCS 5/6-21). Identifying all liable parties is essential to maximizing your recovery.
What if the at-fault driver had no insurance or not enough insurance?
This situation is more common than most people expect. If the at-fault driver was uninsured, you may be able to make a claim under your own uninsured motorist (UM) coverage. If the driver had insurance but the policy limits are not enough to cover your losses, underinsured motorist (UIM) coverage may apply. An attorney can review all available insurance policies, including those of other household members, to identify every potential source of compensation for your injuries.
How much does it cost to hire a rollover accident lawyer at Briskman Briskman & Greenberg?
Briskman Briskman & Greenberg handles rollover accident cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. You will not be asked to pay anything upfront to get your case started. You may still be responsible for certain case costs and expenses depending on the outcome of your case, so we encourage you to discuss the specific fee arrangement during your free consultation. To get started, call us at (312) 222-0010.
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