New York Rollover Accident Lawyer


Looking for a rollover accident lawyer? Our team at The Law Offices of Spar & Bernstein is here to help! With extensive experience in personal injury law and impressive success stories, we handle all types of motor vehicle accidents, including rollovers.  


If you were injured in a rollover accident, our experienced attorneys at Spar & Bernstein will fight for the maximum settlement for your injuries and damages. 

Whether the result of a T-bone collision, drunk driver accident, bicycle accident or Uber accident, we will ensure your medical expenses are covered and you receive compensation for any long-term effects of the accident.  

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Statute Of Limitations  

Under New York law, a personal injury lawsuit must be filed within three (3) years of the accident.  

A wrongful death lawsuit for the loss of a loved one must be filed within two (2) years of death. 

A lawsuit against a government agency, the city or state must be filed within one (1) year and 90 days of the accident. Filing a Notice of a Claim within the first 90 days following the accident is the first step in this process. 

No-Fault Law 

Regardless of who is at fault for a rollover accident in New York, you are eligible to receive financial recovery of up to $50,000 from your auto insurance policy. This compensation covers medical costs, lost wages and other injury-related expenses, such as household help or transportation to/from a doctor’s appointment. 

Contributory Negligence  

If you are found at fault for a rollover accident in New York, the compensation you receive will be decreased by the percentage of your fault. 


The liable parties in a rollover accident in New York can include any party who contributed to the accident, including: 

  • A driver  
  • A pedestrian 
  • A cyclist 
  • A car manufacturer 
  • A vehicle parts manufacturer
  • A government agency or transportation authority that failed to have and/or maintain the proper guardrail height 


As a no-fault state, New York law allows you to claim medical bills, lost income and other injury-related expenses under your Personal Injury Protection Insurance (PIP).  

If you decide to seek compensation beyond no-fault coverage, you can pursue various economic and non-economic damages, such as: 

Pain And Suffering 

To pursue financial recovery for pain and suffering after a rollover accident, file a personal injury claim or a lawsuit against the party or parties who were at fault for the accident. 

Property Damage 

To pursue compensation for damaged personal property after a rollover accident, file a property damage claim or a lawsuit. 

Wrongful Death  

To seek compensation for the loss of a loved one after a rollover accident, file a wrongful death claim or lawsuit. 

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What Is A Motor Vehicle Rollover Accident?

A motor vehicle rollover accident occurs when your car collides with another vehicle or an obstacle on the road, and: 

  • Shifts on one side 
  • Rolls at 180°  and lands on its roof 
  • Rolls at 360°  

Depending on the force of the impact, your car may turn multiple times or roll once. A rollover accident can involve a single car or multiple cars. 

What Can Cause A Rollover Accident?

The most common causes of a rollover accident include: 

  • Speeding, which causes the vehicle’s tires to lose their grip on the road  
  • Taking a sharp turn, when the driver takes a turn too fast and loses control over the car 
  • Tripping, when the vehicle shifts to one side after a tire hits an obstacle, such as a ditch or a curb 
  • Sudden movement, when the driver is trying to avoid hitting something, such as an animal or a person 
  • T-bone accidents, when the car is hit on the side by another motor vehicle 
  • Crashing, when the car hits an object, such as a tree, a wall or another vehicle and is tipped to one side as a result of the impact 
  • Slippery roads, covered in ice, snow or rain, that cause the driver to lose control of the vehicle 
  • Design defects, that affect the center of gravity and causes the driver to lose control over the vehicle 
  • Car overloading or improper loading, when the stability of the vehicle is negatively impacted 
  • Distracted driving, when the driver’s attention is not focused on the road 
  • Driving under the influence of medication, drugs or alcohol  
  • Fatigued driving, when the driver is drowsy and not paying enough attention to the road conditions 
  • Road conditions, when debris or construction increase the risk of a rollover or when the road maintenance is not properly executed in dangerous weather 

Which Vehicles Are Most Likely To Be Involved In Rollover Accidents?

While any car can be involved in a rollover accident, vehicles with a higher center of gravity and a relatively narrow distance between the tires are more likely to be impacted.  

These vehicles typically include: 

  • SUVs 
  • Vans 
  • Trucks 

What Are The Most Common Injuries After A Rollover Accident?

The image sustained in a rollover accident include: 

  • Fractures 
  • Traumatic brain injuries 
  • Chest injuries 
  • Spinal cord injuries 
  • Back and neck injuries 
  • Burn injuries 
  • Soft tissue injuries 
  • Nerve damage 
  • Organ damage 
  • Paralysis 
  • Amputation 
  • Death 

Why Are Rollover Accidents Likely To Result In Serious Injuries?

Rollover accidents are likely to result in serious injuries due to the great force of the impact, which can crush the vehicle’s windshield or roof and throw passengers out of the vehicle, if they are not buckled up. 

Even if the passengers are wearing seat belts, they can sustain severe injuries — especially if the vehicle hits another object before rolling over. 

What Are Some Design Flaws That Cause Rollover Accidents?

The most common examples of design flaws that can lead to rollover accidents include: 

  • Electronic stability control failure  
  • Seatbelt failure 
  • Head restraint failure 
  • Door lock failure 
  • Improper airbag deployment 
  • Roof crush 

What Damages Can Spar & Bernstein Help Me Pursue After A Rollover Accident?

Our knowledgeable rollover accident lawyers at Spar & Bernstein can help you pursue a variety of damages, including: 

  • Medical bills 
  • Lost wages 
  • Loss of earning capacity 
  • Therapy and rehabilitation expenses 
  • Future medical costs 
  • Pain and suffering 
  • Mental anguish 
  • Loss of enjoyment of life 
  • Loss of consortium 
  • Property damage 
  • Wrongful death 

Schedule a free consultation to meet our team and discuss your case. We’ll review the details of the accident and explain your best options for pursuing maximum compensation.  

What Can Spar & Bernstein Help Me With After A Rollover Accident?

After a rollover accident, our experienced rollover accident attorneys will: 

  • Work together with leading professionals to determine the cause of your accident 
  • Partner with medical experts to determine your injuries and the expenses needed for treatment and rehabilitation  
  • Take care of all paperwork and filing within the legal deadlines 
  • Negotiate a maximum settlement for your injuries 
  • Take your case to court if necessary 

Can I Seek Compensation After A Rollover Accident If I Cannot Pay For A Lawyer?

Yes, you can. Our rollover accident lawyers at the Law Offices of Spar & Bernstein operate on a contingency basis, which means you only pay for our services once we reach a settlement. 

In addition, our free consultation allows you to meet our team, learn about our success cases and hear how we’ll fight for fair compensation on your behalf. 

Can I Seek Compensation After A Rollover Accident In New York If I Was Partly Responsible For The Accident?

Yes, you can seek compensation after a rollover accident, even if you were partly at fault for it. As per New York’s Contributory Negligence law, your percentage of fault will be deducted from the compensation you receive. 

For example, if the compensation is $10,000 and you are found 20% at fault for the accident, you will receive $8,000. 

Our rollover accident lawyers at Spar & Bernstein will review your case, identify who was responsible for the accident explaining every legal option in case you contributed to it. 

Where Do Most Fatal Rollover Accidents Happen?

Most fatal rollover accidents happen in rural areas where the speed limit is higher than 55 mph.  

What Should I Do After A Rollover Accident?

If you were involved in a rollover accident: 

  • Do not panic 
  • Assess your condition by checking your body for injuries 
  • If there are other people in the vehicle, make sure their condition is stable 
  • If your condition allows, leave the car and find a safe place for you and the other passengers 
  • Call 911 
  • If your phone has been damaged, stop a passing car and ask them to call 911 
  • If another vehicle, cyclist or passenger are involved in the accident, make sure everyone is  ok and collect their contact details 
  • Do not talk about the accident to anyone other than a lawyer 
  • Contact Spar & Bernstein’s rollover accident lawyers  

How Can I Reduce The Risk Of Rollover Accidents?

To reduce the risk of a rollover accident: 

  • Consider a car with advanced safety features, such as electronic stability control and side airbags 
  • Know your vehicle well enough to react to any changes in its normal functioning 
  • Maintain your focus on the road 
  • Observe the speed limit at all times 
  • Always take the road and weather conditions into consideration when operating a vehicle 
  • Ensure that your tires are inflated, balanced and have enough tread to keep your vehicle safe 
  • Avoid hauling cargo that exceeds the limits recommended by the manufacturer — heavy weight will make your car unsteady on the road 
  • Avoid putting items on the vehicle’s roof, as this can disrupt its balance 
  • Wear a seat belt to reduce the risk of being thrown out of your car during a rollover 
  • Do not get behind the wheel under the influence of alcohol or drugs  
  • Avoid driving when you are tired 
Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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