Rollover Accident Lawyer in Memphis, TN | Flipped Car Accident Lawyer
By: Larry “Jimmy” Peters | Updated: October 2025
Find A Lawyer
Rollover accidents on Memphis’s deadliest corridors, like I-240 and Shelby Drive, are notorious for causing catastrophic injuries, especially in the SUVs and pickup trucks that are so common in our area. The unique physics of a rollover create a level of violence that other crash types simply don’t match, often leading to life-altering consequences for victims and their families. If you or a loved one has been involved in a rollover crash, the clock is ticking to preserve crucial evidence that can make or break your case.
- Free case review today
- No fee unless we win
- Same-day action
Call for a free, no-obligation consultation:
- Memphis/West TN: 901-300-5001
- National: 800-224-5546
- ¿Hablas español? Llama al 800-224-5546
How we help in 24–72 hours:
- Evidence Preservation Letter: We immediately send legal notices to all at-fault parties, demanding they preserve critical evidence like the involved vehicles, driver logs, and electronic data.
- Vehicle Hold: We issue a hold to prevent the at-fault vehicle from being repaired, sold, or destroyed, ensuring our experts can inspect it.
- Black Box/Data Pull: We coordinate the download of data from the Event Data Recorder (EDR), or “black box,” which can provide critical information about the moments leading up to the crash.
- Witness Outreach: We promptly contact and interview any known witnesses to lock in their testimony while their memories are fresh.
Table of Contents
Memphis Rollover Accidents at a Glance
Memphis remains a high-severity crash environment; rollovers, while not the most frequent type of accident, cause an outsized share of the most catastrophic injuries and deaths, particularly on the high-speed corridors that define Shelby County.
Greater Memphis, as a key logistics and transportation hub, experiences a significant volume of traffic, which unfortunately contributes to a high number of serious accidents. The Mid-South region, with Memphis at its center, has been the focus of concerted efforts to improve roadway safety, as detailed in the Mid-South Safety Action Plan and the annual safety reports published by the Memphis Metropolitan Planning Organization (MPO). These documents provide a clear picture of the challenges we face.
According to the 2023 Annual Safety Report, the Memphis MPO region, which includes Shelby, Fayette, DeSoto, and Marshall counties, saw a total of 48,684 crashes in 2023. While this represents a slight decrease from previous years, the severity of these crashes remains a major concern. In 2023, there were 287 fatalities and 830 serious injuries in the region. These numbers, while lower than in 2022, still represent an unacceptable loss of life and well-being on our roads.
Crash Severity (Memphis MPO Region, 2023) | Number of Crashes |
|---|---|
Total Crashes | 48,684 |
Fatal Crashes | 287 |
Serious Injury Crashes | 830 |
The Memphis MPO has identified a High Injury Network (HIN), a series of corridors where a disproportionate number of fatal and serious injury (KSI) crashes occur. These are the roads where the risk of a severe outcome, such as those seen in rollover accidents, is the highest. Rollovers are a key contributor to the KSI statistics on these HIN corridors, due to the violent nature of these events and the high speeds often involved.
Why Rollovers Happen (and Why They’re So Deadly)
A rollover is one of the most violent types of car accidents. Unlike a simple fender-bender, a rollover involves a complex sequence of events where the vehicle tips onto its side or roof. The forces involved are immense, and the potential for catastrophic injury is incredibly high. Understanding why these accidents happen is the first step in appreciating the legal and technical complexities of a rollover claim.
Tripped vs. Untripped Rollovers — curbs, soft shoulders, guardrails, debris
The vast majority of single-vehicle rollovers—approximately 95% according to NHTSA research—are “tripped.” A tripped rollover occurs when a vehicle that is sliding sideways is suddenly “tripped” by an external object. This tripping force causes the vehicle’s momentum to be converted into rotational energy, leading to the rollover.
Common tripping mechanisms in the Memphis area include:
- Curbs: A vehicle sliding sideways into a curb can be easily tripped, especially if the curb is high.
- Soft Shoulders: The soft dirt or grass on the side of a road can dig into a vehicle’s tires, creating a tripping force.
- Guardrails: While designed to prevent vehicles from leaving the roadway, guardrails can sometimes act as a tripping mechanism, especially if they are not properly maintained or if the vehicle strikes them at an angle.
- Debris: Any object on the road, such as a fallen branch or a piece of tire, can potentially trip a vehicle.
Untripped rollovers are much less common and typically only occur in top-heavy vehicles with a narrow wheelbase. These rollovers are usually the result of high-speed avoidance maneuvers, such as swerving to avoid an obstacle in the road.
Vehicle Geometry & Stability — center of gravity, track width, Static Stability Factor (SSF); role of ESC
A vehicle’s geometry plays a crucial role in its susceptibility to rolling over. The two most important factors are the vehicle’s center of gravity and its track width (the distance between the wheels on the same axle). Vehicles with a high center of gravity and a narrow track width are inherently less stable and more prone to rolling over. This is why SUVs, pickup trucks, and vans are involved in a disproportionate number of rollover accidents.
The National Highway Traffic Safety Administration (NHTSA) has developed a metric called the Static Stability Factor (SSF) to quantify a vehicle’s resistance to rolling over. The SSF is calculated by dividing the track width by twice the height of the center of gravity. A higher SSF indicates a more stable vehicle.
In recent years, Electronic Stability Control (ESC) has become a standard feature on most new vehicles. ESC is a computerized technology that improves a vehicle’s stability by detecting and reducing loss of traction. Research by the Insurance Institute for Highway Safety (IIHS) and NHTSA has shown that ESC is highly effective at preventing rollovers, reducing the risk of fatal single-vehicle rollovers by approximately 70-75% for SUVs and cars, with NHTSA documenting a 70% reduction in fatal rollover risk.
Occupant Protection — ejection risk, roof strength, restraints and child seats
The primary cause of death and serious injury in rollover accidents is ejection from the vehicle. When a person is ejected from a vehicle during a rollover, their chances of suffering a fatal injury increase dramatically. According to NHTSA, nearly 75% of passenger vehicle occupants who were totally ejected from their vehicles in 2019 were killed.
Seat belts are the single most effective safety device for preventing ejection. However, even when a person is properly restrained, they can still suffer serious injuries in a rollover due to the collapse of the vehicle’s roof. The strength of a vehicle’s roof is a critical factor in protecting occupants in a rollover. A stronger roof is less likely to crush down on the occupants, reducing the risk of head and neck injuries.
Child seats are also essential for protecting children in rollovers. However, they must be properly installed and used to be effective. A loose or improperly installed child seat can be ejected from the vehicle during a rollover, with devastating consequences.
Common Memphis Conditions — abrupt merges, I-240 loop, US-61/S 3rd St freight corridors; wet pavement events
The unique traffic patterns and road conditions in Memphis contribute to the risk of rollover accidents. The I-240 loop, with its high speeds and frequent, often abrupt, merges, is a common location for rollover crashes. The heavy truck traffic on freight corridors like US-61/S 3rd Street also increases the risk of rollovers, as large trucks are more prone to rolling over than passenger vehicles.
Wet pavement is another significant factor in many Memphis rollover accidents. Rain can make the roads slick, reducing traction and making it easier for a vehicle to slide sideways and be tripped. This is especially true on roads with poor drainage or those that are in need of repair.
Who’s Most at Risk in Memphis? (Vehicle & Exposure)
While any vehicle can roll over in the right circumstances, pickups and SUVs have a statistically higher risk of rollover-related fatalities, and the heavy commercial traffic in Memphis adds another layer of danger.
The type of vehicle you drive, and the types of vehicles you share the road with, can have a significant impact on your risk of being involved in a rollover accident. In Memphis, with its mix of passenger cars, SUVs, pickup trucks, and commercial vehicles, this is a particularly important consideration.
SUVs & Pickups vs. Cars — contrast rollover death shares by vehicle class
SUVs and pickup trucks are consistently overrepresented in rollover fatality statistics. According to the IIHS, in 2023, rollover crashes accounted for 38% of occupant deaths in pickups and 34% of occupant deaths in SUVs, compared to just 21% in cars. This disparity is due to the higher center of gravity and narrower track width of these vehicles, which makes them inherently less stable.
Vehicle Type | Percentage of Occupant Deaths from Rollovers (2023) |
|---|---|
Pickups | 38% |
SUVs | 34% |
Cars | 21% |
15-Passenger Vans — heightened risk when fully loaded; churches/schools/team vans; best practices
Fifteen-passenger vans, commonly used by churches, schools, and other organizations, have a well-documented history of being prone to rollovers, especially when fully loaded. The NHTSA has issued numerous safety advisories about these vehicles, warning that the risk of a rollover crash increases dramatically with each additional passenger. When a 15-passenger van is loaded with 10 or more occupants, the center of gravity shifts upward and to the rear, making the vehicle more difficult to control in an emergency.
Best practices for operating 15-passenger vans include:
- Properly inflated tires: Underinflated tires can exacerbate handling problems.
- Experienced drivers: Only experienced, licensed drivers should operate these vehicles.
- Seat belt use: All occupants must wear seat belts at all times.
- No overloading: Never exceed the manufacturer’s recommended passenger capacity.
Cargo & Passenger Vans, Lifted Trucks, High-Roof Vehicles — aftermarket lifts/tires, load shift
Other vehicles with a high profile, such as cargo vans, passenger vans, and lifted trucks, also have an increased risk of rolling over. Aftermarket modifications, such as lift kits and oversized tires, can raise a vehicle’s center of gravity and make it less stable. In cargo vans, a sudden shift in the load can also trigger a rollover.
It is important for drivers of these vehicles to be aware of their increased rollover risk and to operate them with caution, especially in high winds or on curvy roads. If you have been injured in a rollover accident involving one of these vehicles, it is important to speak with an experienced Memphis car accident lawyer who can investigate the cause of the accident and determine who may be at fault.
Memphis Rollover Hotspots & Timing Patterns
Not all roads are created equal when it comes to rollover risk. In Memphis, certain corridors and neighborhoods see a much higher rate of severe crashes, including rollovers. Understanding these patterns is a key part of our work at Southern Injury Attorneys, as it allows us to build a stronger case for our clients by demonstrating the known dangers of a particular location.
High-Injury Network (HIN) Corridors
The Memphis MPO has identified a High-Injury Network (HIN), which is a network of roadways with the highest concentrations of fatal and serious injury crashes. These corridors are the most dangerous in our region, and they are where we see a disproportionate number of rollover accidents. The 2023 Annual Safety Report highlights several of these HIN corridors, including:
- US-61 (S. 3rd Street): This major freight corridor is one of the most dangerous in the city. One segment, from E. Peebles to E. Fairway, saw an astonishing 770 crashes and 45 fatal or serious injuries (KSI) in a recent five-year period.
- Shelby Drive: Another major east-west arterial, Shelby Drive is a known hotspot for severe crashes, including rollovers.
- Lamar Avenue (US-78): As a primary route for commuters and commercial vehicles, Lamar Avenue has a high volume of traffic and a correspondingly high number of accidents.
- Poplar Avenue: This major artery, which runs through the heart of Memphis, is another HIN corridor with a high number of severe crashes.
- Sam Cooper Boulevard: This high-speed, limited-access highway is a common location for rollover accidents, often caused by aggressive driving and speeding.
- Summer Avenue: A bustling commercial corridor, Summer Avenue has a high number of access points and turning vehicles, which can lead to conflicts that result in rollovers.
Time-of-Day & Day-of-Week
Crash data from the Memphis MPO also reveals clear patterns in the timing of severe accidents. The evening rush hour, from 3 PM to 6 PM, is a peak time for all types of crashes, including rollovers. This is due to the increased traffic volume and the fact that drivers are often tired and stressed after a long day of work.
Late-night and early-morning hours on the weekends are another high-risk period. This is when we see a spike in alcohol-related crashes, which are a major contributor to rollovers. Drunk drivers are more likely to speed, make erratic maneuvers, and lose control of their vehicles, all of which can lead to a rollover.
Neighborhood Context
The risk of a rollover accident is not evenly distributed across Memphis. Certain neighborhoods, due to their proximity to major freight corridors and industrial areas, see a higher number of severe crashes. These include:
- Whitehaven: Located near the airport and several major highways, Whitehaven has a high volume of both passenger and commercial traffic.
- Hickory Hill: This densely populated neighborhood has a number of major arterials that are part of the HIN.
- Frayser: With its mix of residential and industrial areas, Frayser sees a significant number of truck-related accidents.
- Raleigh: Another neighborhood with a mix of residential and commercial development, Raleigh has several HIN corridors running through it.
- South Memphis: This area, with its close proximity to the Mississippi River and major industrial facilities, has a high concentration of heavy truck traffic.
Interactive Map Idea
To better visualize the data on rollover hotspots, an interactive map could be embedded on this page. This map could show the HIN corridors, as well as the locations of recent fatal and serious injury crashes. This would allow users to see for themselves which areas of the city are the most dangerous and to understand the risks they face when driving on our roads.
Top Contributing Factors in Shelby County Rollovers
Driver behavior is the primary cause of most rollover accidents in Shelby County, with aggressive, distracted, and impaired driving being the most common contributing factors.
While vehicle type and road conditions play a role in rollover accidents, the vast majority of these crashes are ultimately caused by driver error. The 2023 Annual Safety Report from the Memphis MPO provides a detailed breakdown of the driver actions that contribute to crashes in Shelby County.
Driver Behavior Shares
The data from the MPO is clear: driver behavior is the single biggest factor in traffic accidents. In Shelby County, the top contributing driver actions include:
- Aggressive, Erratic, Distracted, or Careless Driving: This broad category, which includes everything from road rage to texting while driving, accounted for 25.6% of all crashes in Shelby County.
- Failure to Obey Traffic Laws: This includes running red lights, ignoring stop signs, and other violations of the rules of the road. This factor contributed to 19.2% of crashes.
- Improper Passing: Unsafe lane changes and other improper passing maneuvers were a factor in 6.1% of crashes.
Driver Action (Shelby County) | Percentage of Crashes |
|---|---|
Aggressive, Erratic, Distracted, or Careless Driving | 25.6% |
Failure to Obey Traffic Laws | 19.2% |
Improper Passing | 6.1% |
Alcohol & Nighttime
Driving under the influence of alcohol is a major contributor to all types of accidents, but it is especially dangerous when it comes to rollovers. Alcohol impairs a driver’s judgment, coordination, and reaction time, making it much more likely that they will lose control of their vehicle. In the Memphis MPO region, alcohol-influenced driving was a factor in 630 crashes in 2023, resulting in 65 fatalities. This means that drunk driving was responsible for 22.6% of all fatal crashes in the region.
Speed, Over-correction, and Lane Departure
The classic rollover scenario often involves a combination of speed, over-correction, and lane departure. A driver who is speeding is more likely to lose control of their vehicle, especially on a curve or in response to a sudden event. If the driver then over-corrects by yanking the steering wheel, they can easily initiate a slide that leads to a rollover. This is especially true if the vehicle’s tires leave the pavement and dig into the soft shoulder of the road.
Injuries We See After Rollovers (and Why Values Are Higher)
The violent, multi-impact nature of a rollover crash means that the occupants are subjected to extreme forces from all directions. This can lead to a wide range of devastating injuries, many of which can have lifelong consequences. At Southern Injury Attorneys, we have seen firsthand the devastating toll that rollover accidents can take on victims and their families.
Common Injuries
The most common injuries we see in rollover accidents include:
- Traumatic Brain Injuries (TBIs): The brain can be severely injured in a rollover, either from a direct impact to the head or from the violent shaking of the head during the crash. TBIs can range from mild concussions to severe, permanent brain damage.
- Spinal Cord Injuries (SCIs): The spinal cord can be bruised, crushed, or even severed in a rollover, leading to partial or complete paralysis.
- Long Bone Fractures: The arms and legs are often fractured in rollovers as they flail about inside the vehicle.
- Degloving Injuries: This is a horrific injury in which the skin and underlying tissue are torn away from the body.
- Internal Injuries: The violent forces of a rollover can cause serious damage to internal organs, such as the lungs, liver, and spleen.
Pediatric Considerations
Children are especially vulnerable to serious injury in rollover accidents. Because of their smaller size and developing bodies, they are more susceptible to being ejected from the vehicle, even if they are in a child seat. It is crucial that child seats are properly installed and that children are properly restrained at all times.
Le Bonheur Children’s Hospital in Memphis is a Level I Pediatric Trauma Center, meaning it is equipped to provide the highest level of care to children who have been seriously injured in accidents. The team at Le Bonheur has extensive experience in treating the unique injuries that children suffer in rollover crashes.
Trauma Systems in Memphis
Memphis is fortunate to have a world-class trauma system that is well-equipped to handle the most serious injuries. The Elvis Presley Trauma Center at Regional One Health is the only Level I Trauma Center in a 150-mile radius. This means that it has the staff, resources, and expertise to provide the highest level of care to adult trauma patients, 24 hours a day, 7 days a week.
When a person is seriously injured in a rollover accident in the Memphis area, they will likely be transported to one of these two trauma centers. The care they receive in the first few hours after the accident can have a significant impact on their long-term outcome. At Southern Injury Attorneys, we work closely with the medical teams at these facilities to ensure that our clients are receiving the best possible care and that all of their medical needs are being met.
Liability in Memphis Rollover Cases (Who May Pay)
One of the most critical aspects of a rollover case is identifying all potential sources of recovery. This may include the at-fault driver, their employer, the manufacturer of the vehicle or its components, and even the government entity responsible for maintaining the road.
Determining who is legally responsible for a rollover accident is often a complex process. It is not always as simple as blaming the driver of the vehicle that rolled over. In many cases, there are multiple parties who may share some degree of fault. At Southern Injury Attorneys, we conduct a thorough investigation into every rollover case to identify all potential defendants and maximize our clients’ financial recovery.
Negligent Drivers
In most cases, the driver of the vehicle that caused the rollover is at least partially at fault. This may be due to:
- Distraction: Texting, talking on the phone, or any other activity that takes a driver’s attention away from the road.
- Impairment: Driving under the influence of alcohol or drugs.
- Speeding: Driving too fast for the conditions, which can make it more difficult to control the vehicle.
- Illegal Passing: Making an unsafe lane change or otherwise violating the rules of the road.
Commercial Entities
When a commercial vehicle, such as a semi-truck or a delivery van, is involved in a rollover accident, the company that owns the vehicle may be held liable. This is because employers are generally responsible for the actions of their employees while they are on the job. In addition, the company may be held liable for:
- Unsafe Loading: If a truck is overloaded or if the cargo is not properly secured, it can shift during transit and cause a rollover.
- Poor Maintenance: Failure to properly maintain a vehicle, such as by not replacing worn tires or brakes, can lead to a mechanical failure that causes a rollover.
- Hours-of-Service Fatigue: Truck drivers are required to follow strict rules about how long they can drive without taking a break. If a company pressures its drivers to violate these rules, it can lead to driver fatigue, which is a major cause of accidents.
Product Defects
In some cases, a rollover accident may be caused by a defect in the vehicle or one of its components. This can include:
- Tires: A defective tire can blow out and cause a driver to lose control of their vehicle.
- ESC Malfunction: If a vehicle’s Electronic Stability Control system malfunctions, it may not be able to prevent a rollover.
- Roof/Seat-Belt Failures: A weak roof or a defective seat belt can lead to more serious injuries in a rollover than would have otherwise occurred.
In Tennessee, product liability claims are governed by a strict statute of limitations and a statute of repose. This means that you have a limited amount of time to file a claim, so it is important to speak with an attorney as soon as possible.
Roadway Defects
Finally, in some cases, a rollover accident may be caused by a defect in the road itself. This can include:
- Drop-offs/Shoulders: A sharp drop-off between the pavement and the shoulder of the road can cause a vehicle to be tripped.
- Signage: Inadequate or missing warning signs can fail to alert drivers to a hazard in the road.
- Guardrails: A poorly designed or maintained guardrail can actually cause a rollover instead of preventing it.
Claims against government entities in Tennessee are subject to the Governmental Tort Liability Act (GTLA), which has strict notice requirements and caps on damages. It is crucial to have an experienced attorney who understands the complexities of the GTLA to handle your claim.
Tennessee Law That Impacts Your Payout
Navigating the legal system after a rollover accident can be challenging, especially when you are also dealing with serious injuries. Tennessee has a number of specific laws that can affect your ability to recover compensation, and it is important to have a basic understanding of these laws. At Southern Injury Attorneys, we make it our job to know these laws inside and out, so we can provide our clients with the best possible legal representation.
Fault System & Comparative Fault (50% Bar)
Tennessee is a “modified comparative fault” state. This means that you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not 50% or greater. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, you will only be able to recover 80% of your damages.
The concept of modified comparative fault was established in the landmark Tennessee Supreme Court case of McIntyre v. Balentine. Prior to this case, Tennessee followed the doctrine of contributory negligence, which barred a plaintiff from recovering any damages if they were even 1% at fault for the accident. The switch to modified comparative fault was a major victory for accident victims, but it also made personal injury cases more complex, as it is now necessary to determine the percentage of fault of each party involved in the accident.
Statute of Limitations
In Tennessee, the statute of limitations for personal injury and wrongful death claims is generally one year from the date of the accident. This is one of the shortest statutes of limitations in the country, and it is a hard deadline. If you do not file a lawsuit within one year, you will be forever barred from recovering any compensation for your injuries.
There are a few limited exceptions to the one-year statute of limitations, but they are rare. It is always best to assume that you have one year from the date of the accident to file a claim. This is why it is so important to speak with an attorney as soon as possible after a rollover accident. An experienced attorney can ensure that your claim is filed on time and that all of your legal rights are protected.
Damage Caps (Non-Economic & Punitive)
Tennessee law places caps on the amount of non-economic and punitive damages that can be awarded in a personal injury case. Non-economic damages are damages for pain and suffering, emotional distress, and other non-monetary losses. Punitive damages are damages that are intended to punish the defendant for their wrongful conduct and to deter others from engaging in similar conduct in the future.
The cap on non-economic damages is generally $750,000 per person. However, this cap can be increased to $1 million in cases involving catastrophic injuries, such as paralysis or the loss of a limb. The cap on punitive damages is the greater of two times the amount of compensatory damages (economic and non-economic) or $500,000.
These damage caps can have a significant impact on the value of your claim, especially in cases involving serious injuries. An experienced attorney can help you to understand how these caps may affect your case and can work to maximize your recovery within the limits of the law.
UM/UIM & Minimum Limits
Tennessee law requires all drivers to carry a minimum of $25,000 in liability insurance for bodily injury per person, $50,000 in liability insurance for bodily injury per accident, and $15,000 in liability insurance for property damage, as specified in the Tennessee Financial Responsibility Law. This is often referred to as 25/50/15 coverage. Unfortunately, these minimum limits are often not enough to cover the full extent of the damages in a serious rollover accident.
This is why it is so important to have uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage protects you if you are in an accident with a driver who has no insurance or not enough insurance to cover your damages. In Tennessee, insurance companies are required to offer UM/UIM coverage, but you are not required to purchase it. However, we strongly recommend that all drivers carry as much UM/UIM coverage as they can afford.
Government Claims (GTLA)
If your rollover accident was caused by a defect in the road, you may have a claim against the government entity that is responsible for maintaining the road. However, these claims are subject to the Tennessee Governmental Tort Liability Act (GTLA), which has a number of special rules and requirements. For example, you must provide the government entity with written notice of your claim within a certain period of time, and there are caps on the amount of damages that you can recover.
Claims against the government are complex and can be difficult to win. It is essential to have an experienced attorney who understands the GTLA and who can help you to navigate the process.
Disclaimer: This is educational, not legal advice. Laws change; we verify and apply to facts for our clients.
Evidence Moves We Make in the First 10 Days
The first few days after a rollover accident are critical for preserving evidence. We take immediate action to ensure that crucial information is not lost or destroyed, which can make or break your case.
In the chaotic aftermath of a rollover accident, it is easy to overlook the importance of preserving evidence. However, the steps that are taken in the first 10 days after a crash can have a profound impact on the outcome of your case. At Southern Injury Attorneys, we have a rapid-response protocol that is designed to protect our clients’ rights and maximize their chances of a successful recovery.
Preservation/Spoliation Letters
One of the very first things we do is send a spoliation letter (also known as a preservation letter or evidence preservation notice) to all of the parties who may be at fault in the accident. This includes the other driver, their insurance company, their employer (if they were driving a commercial vehicle), and the manufacturer of the vehicle. A spoliation letter is a legal document that puts the recipient on notice that they have a duty to preserve all evidence related to the accident. This includes the vehicle itself, any electronic data, and all relevant documents.
Vehicle & Component Preservation
It is crucial that the vehicle involved in the rollover is not repaired or destroyed until our experts have had a chance to inspect it. The vehicle itself is a critical piece of evidence, and it can provide valuable information about how the accident happened. We will also take steps to preserve any key components of the vehicle, such as the tires, wheels, roof rails, and data modules.
Digital Evidence
The modern vehicle is a treasure trove of digital evidence. The Event Data Recorder (EDR), or “black box,” can provide a wealth of information about the moments leading up to the crash, including the vehicle’s speed, whether the brakes were applied, and the driver’s steering inputs. We will work to have the EDR data downloaded and analyzed by an expert as soon as possible.
In addition to the EDR, we will also seek to preserve data from the vehicle’s airbag modules, infotainment system, and any dash-cams or other recording devices. We will also investigate whether there is any video of the accident from nearby surveillance cameras, such as those on businesses or homes.
Scene Work
The scene of the accident can also provide valuable clues about how the crash happened. We will often send an investigator to the scene to take photographs and measurements, and to document the condition of the road, any skid marks or other physical evidence. In some cases, we may even use a drone to get an aerial view of the scene.
Getting the Crash Report
The official crash report is a key piece of evidence in any car accident case. In Tennessee, you can obtain a copy of your crash report online or from the law enforcement agency that investigated the accident. We will obtain a copy of the crash report as soon as it is available and will review it carefully to ensure that it is accurate and complete.
How We Value Memphis Rollover Claims
One of the most common questions we get from new clients is, “How much is my case worth?” The truth is, there is no simple answer to this question. Every case is unique, and the value of a claim depends on a wide range of factors. At Southern Injury Attorneys, we take a comprehensive approach to valuing our clients’ claims, which involves a detailed analysis of all of the evidence and a realistic assessment of the potential risks and rewards of litigation.
12 Factors That Drive Case Value
While every case is different, there are a number of common factors that tend to drive the value of a rollover claim. These include:
- Liability Clarity: How clear is it that the other party was at fault?
- Injury Type/Severity: How serious are your injuries?
- Medical Trajectory: Will you need future medical care?
- Impairment Ratings: Do you have a permanent impairment as a result of your injuries?
- Wage Loss: How much income have you lost as a result of your injuries?
- Life Care Costs: Will you need long-term care as a result of your injuries?
- Comparative Fault Exposure: Is there a chance that you will be found partially at fault for the accident?
- Insurance Layers: How much insurance coverage is available?
- Venue: Where will the case be tried?
- Jury Attitude: How are juries in that venue likely to view your case?
- Mitigation: Have you taken reasonable steps to mitigate your damages?
- Liens: Are there any liens on your settlement from health insurance companies or other creditors?
Non-Economic Damages
In addition to economic damages, such as medical bills and lost wages, you may also be entitled to recover non-economic damages. These are damages for your pain and suffering, emotional distress, and other non-monetary losses. In Tennessee, non-economic damages are capped at $750,000 in most cases. However, this cap can be increased to $1 million in cases involving catastrophic injuries.
Proving non-economic damages can be challenging, as there is no objective way to measure pain and suffering. At Southern Injury Attorneys, we work with our clients to develop a compelling narrative that will help the jury to understand the full extent of their losses.
Wrongful Death Damages
If you have lost a loved one in a rollover accident, you may be able to file a wrongful death claim. In Tennessee, wrongful death damages are intended to compensate the surviving family members for their losses, which can include:
- The deceased person’s lost earning capacity
- The loss of the deceased person’s love, companionship, and guidance
- The emotional pain and suffering of the surviving family members
Wrongful death claims are complex and can be emotionally difficult. It is important to have an experienced and compassionate attorney who can guide you through the process and help you to obtain the justice and compensation you deserve.
The Claims Timeline (Memphis Edition)
While every case is different, most rollover accident claims in Memphis follow a predictable timeline, from the initial investigation and medical treatment to the final negotiations and, if necessary, a trial.
Understanding the timeline of a personal injury claim can help to demystify the process and reduce some of the stress and uncertainty that comes with being in an accident. While the exact timeline of your case will depend on a number of factors, including the severity of your injuries and the complexity of the liability issues, most rollover accident claims in Memphis follow a similar path.
- Medical Stabilization & Records
The first and most important step after any accident is to seek medical attention. Your health is the top priority, and it is crucial that you get the care you need to recover from your injuries. During this time, we will be working to gather all of your medical records and bills, which will be a key component of your claim.
- Demand & Negotiations
Once you have reached a point of maximum medical improvement (MMI), which means that your condition has stabilized and is not expected to improve any further, we will prepare a comprehensive demand package to send to the insurance company. This package will include all of your medical records and bills, as well as a detailed legal argument explaining why their insured is at fault and why you are entitled to compensation. The insurance company will then have a certain amount of time to respond to our demand. In most cases, this will lead to a period of negotiations, during which we will attempt to reach a fair settlement on your behalf.
- Filing Suit & Discovery
If the insurance company is not willing to offer a fair settlement, we will file a lawsuit on your behalf. This will begin the formal litigation process, which includes a period of “discovery.” During discovery, both sides will have the opportunity to gather evidence from each other, which can include written questions (interrogatories), requests for documents, and depositions (sworn testimony taken out of court).
- Mediation vs. Trial
After discovery is complete, most cases will go to mediation. Mediation is a confidential process in which a neutral third party (the mediator) helps the two sides to reach a mutually agreeable settlement. Mediation is often successful, and it can be a good way to resolve a case without the time, expense, and uncertainty of a trial.
If mediation is not successful, the case will proceed to trial. At trial, a jury will hear the evidence and decide who is at fault and how much compensation you are entitled to receive.
- Lien Resolution & Disbursement
After your case is resolved, either through a settlement or a trial, there is one final step before you can receive your money. We will need to resolve any liens that may be on your settlement. A lien is a legal claim that a creditor has on your settlement. Common lienholders include health insurance companies, hospitals, and government agencies like Medicare and Medicaid. We will work to negotiate with the lienholders to reduce the amount of their liens as much as possible, so that you can keep more of your settlement.
Once all of the liens have been resolved, we will disburse the remaining funds to you.
Mini-Timeline:
- Weeks 1-2: Initial investigation, evidence preservation, and medical treatment.
- Months 1-6: Continued medical treatment and gathering of records.
- Months 6-9: Preparation of demand package and negotiations with insurance company.
- Months 9-18: Filing of lawsuit and discovery.
- Months 18-24: Mediation and/or trial.
- Months 24-26: Lien resolution and disbursement of funds.
Commercial & Fleet Rollovers
Memphis is a major hub for the trucking industry, and we see a large number of commercial vehicles on our roads every day. While these vehicles are essential to our economy, they also pose a significant risk to other drivers. When a commercial vehicle is involved in a rollover accident, the consequences can be devastating. At Southern Injury Attorneys, we have extensive experience in handling these complex cases, and we know what it takes to win.
Load Shift & Cargo Securement
One of the most common causes of commercial vehicle rollovers is a load shift. If a truck’s cargo is not properly secured, it can shift during transit, causing the truck to become unbalanced and to roll over. This is especially true for trucks that are carrying heavy or irregularly shaped loads.
In these cases, it is important to investigate who was responsible for loading the truck. In some cases, the trucking company may be at fault. In other cases, a third-party logistics company or the shipper may be to blame. We will conduct a thorough investigation to identify all of the parties who may be at fault and to hold them accountable for their negligence.
Fleet Training & Fatigue
Trucking companies have a duty to properly train their drivers and to ensure that they are not driving while fatigued. Unfortunately, some trucking companies cut corners on training and pressure their drivers to violate the hours-of-service rules, which can lead to driver fatigue. When a fatigued driver gets behind the wheel of a large truck, the results can be deadly.
We will investigate the trucking company’s training and safety records to determine whether they have a pattern of putting profits ahead of safety. We will also review the driver’s logs and other records to determine whether they were in compliance with the hours-of-service rules at the time of the accident.
Inspection & Maintenance Records
Trucking companies are required to regularly inspect and maintain their vehicles to ensure that they are safe to be on the road. When a trucking company fails to do so, it can lead to a mechanical failure that causes a rollover. This can include:
- Brake failure
- Tire blowouts
- Steering system failure
We will obtain the trucking company’s inspection and maintenance records to determine whether they were properly maintaining their vehicles. If we find that they were not, we will hold them accountable for their negligence.
Multi-Policy Recovery Strategy
One of the key differences between a commercial vehicle accident and a regular car accident is the amount of insurance coverage that is available. Commercial vehicles are required to carry much higher policy limits than passenger vehicles. In addition, there may be multiple insurance policies that apply to an accident, including the trucking company’s policy, the driver’s policy, and the policy of any other parties who may be at fault.
At Southern Injury Attorneys, we have a multi-policy recovery strategy that is designed to maximize our clients’ financial recovery. We will identify all of the available insurance policies and will work to recover the full amount of compensation that our clients are entitled to.
Product-Related Rollovers (Tires, ESC, Roof Strength)
In some rollover cases, the cause is not driver error but a defect in the vehicle itself, such as a faulty tire, a malfunctioning stability control system, or a weak roof structure that fails to protect occupants.
While driver negligence is the most common cause of rollover accidents, a significant number of these catastrophic events are caused or made worse by defects in the vehicle or its component parts. These are known as product liability cases, and they require a deep understanding of automotive engineering, manufacturing processes, and the complex laws that govern these claims. At Southern Injury Attorneys, we have the resources and expertise to take on major corporations and hold them accountable for putting dangerous products on the road.
Tire Tread/Belt Separation
A sudden tire failure is one of the most terrifying experiences a driver can have, and it is a frequent cause of rollover accidents. A tread separation, where the tread peels away from the body of the tire, can cause a driver to lose control of their vehicle instantly. This is particularly dangerous in SUVs and pickup trucks, which are more susceptible to rolling over after a tire blowout. These failures are often not due to road hazards, but to defects in the tire’s design or manufacturing process, such as poor adhesion between the tire’s belts.
Roof Crush/Roof Strength
In a rollover, the roof is the primary structure that protects occupants from being crushed. For decades, federal safety standards for roof strength were notoriously weak, and many vehicles were built with roofs that would easily collapse in a rollover. This roof crush is a major cause of head, neck, and spinal cord injuries. While standards have improved, many older vehicles still on the road have inadequate roof strength. Proving a roof crush case involves detailed analysis by engineering experts to show that the roof’s design was defective and that a stronger design was feasible and would have prevented or lessened the injuries.
Restraint Failures
Seat belts and airbags are the primary restraint systems designed to protect occupants in a crash. However, these systems can and do fail. A seat belt may unlatch during a rollover, or the pretensioner, which is supposed to tighten the belt in a crash, may not activate. Airbags may fail to deploy or may deploy at the wrong time. When these systems fail, the risk of ejection and catastrophic injury increases dramatically. Investigating a restraint failure case requires a meticulous inspection of the vehicle and its components by a qualified expert.
Proving Defect vs. Misuse
In any product liability case, the manufacturer will almost always argue that the accident was caused by driver error or misuse of the product, not a defect. For example, in a tire case, they may claim the tire was underinflated or hit a road hazard. In a roof crush case, they may argue the driver was speeding or not wearing a seatbelt. Overcoming these defenses requires a skilled legal team and top-notch experts who can carefully analyze the evidence and demonstrate that the defect was the true cause of the injuries. This is a battle of experts, and having the right team on your side is critical.
What To Do After a Memphis Rollover (Step-by-Step)
Being in a rollover accident is a terrifying and disorienting experience. What you do in the minutes, hours, and days that follow can have a significant impact on your health and your ability to recover fair compensation for your injuries. Here is a step-by-step guide to follow.
Immediate Steps (At the Scene)
- Check for Injuries: Assess yourself and your passengers for injuries. If anyone is seriously hurt, call 911 immediately. Do not move anyone who may have a head, neck, or back injury unless they are in immediate danger (e.g., the vehicle is on fire).
- Get to Safety: If you are able, move your vehicle out of the flow of traffic. If you cannot move your vehicle, turn on your hazard lights to warn other drivers.
- Call the Police: Always call the police after a rollover accident, even if you do not think anyone is hurt. A police report is a crucial piece of evidence in any car accident claim.
- Exchange Information: Get the name, address, phone number, and insurance information of all other drivers involved in the accident. Also, get the names and contact information of any witnesses.
- Document the Scene: If you are able, take pictures of the accident scene, including the damage to all vehicles, any skid marks on the road, and any other physical evidence. Also, take pictures of your injuries.
Within 72 Hours
- Seek Medical Attention: Even if you do not think you are seriously injured, it is important to see a doctor as soon as possible after a rollover accident. Some serious injuries, such as internal bleeding or a concussion, may not be immediately apparent.
- Report the Accident to Your Insurance Company: You should report the accident to your own insurance company as soon as possible. However, you should not give a recorded statement to the other driver’s insurance company without first speaking to an attorney.
- Contact a Rollover Accident Lawyer: It is crucial to speak with an experienced Memphis car accident lawyer as soon as possible after a rollover accident. An attorney can help you to protect your rights, preserve evidence, and deal with the insurance companies.
How We’re Different (Memphis Proof Points)
We are not a national settlement mill. We are a Memphis-based team of trial lawyers with deep local knowledge, a rapid-response investigation protocol, and a commitment to providing our clients with direct access to their attorneys.
When you are looking for a lawyer to handle your rollover accident claim, you have a lot of choices. However, not all law firms are created equal. At Southern Injury Attorneys, we believe that our local expertise, our commitment to our clients, and our track record of success set us apart from the competition.
- Local Corridors Expertise: We know the roads in Memphis and Shelby County. We know where the most dangerous intersections are, and we know the common causes of accidents on our local highways. This local knowledge allows us to build a stronger case for our clients.
- Investigators on Staff: We have a team of experienced investigators who are ready to respond to the scene of an accident at a moment’s notice. They will gather evidence, interview witnesses, and do whatever it takes to build a strong case for you.
- Trial Readiness: We are not afraid to take a case to trial. While most cases settle out of court, we prepare every case as if it is going to go to trial. This sends a clear message to the insurance company that we are serious about getting our clients the compensation they deserve.
- Bilingual Intake: We have a bilingual staff that is fluent in both English and Spanish. This allows us to provide our clients with the best possible service, regardless of their primary language.
- Direct Attorney Access: When you hire Southern Injury Attorneys, you will have direct access to your attorney. You will not be passed off to a case manager or a paralegal. Your attorney will be there to answer your questions and to guide you through the legal process.
- Medical Access Coordination: We can help you to get the medical care you need, even if you do not have health insurance. We have relationships with doctors and other medical providers throughout the Memphis area who are willing to treat our clients on a lien basis, which means that they will not get paid until your case is settled.
- Lien Resolution: We have a dedicated team that is experienced in negotiating with lienholders to reduce the amount of their liens. This allows our clients to keep more of their settlement.
Client Stories (Anonymized) & Results
While every case is unique and past results do not guarantee future outcomes, these stories illustrate how our process helps real families in the Mid-South recover after a devastating rollover.
At Southern Injury Attorneys, we are proud of the results we have achieved for our clients. But more than that, we are proud of the relationships we have built with the families we have helped. Here are a few anonymized stories that illustrate the types of cases we handle and the results we are able to achieve.
The Case of the Defective Tire
A family was traveling on I-240 in their SUV when the tread on one of their tires suddenly separated, causing the driver to lose control of the vehicle. The SUV rolled over multiple times, and the mother and two young children were seriously injured. The insurance company for the at-fault driver initially offered a low settlement that would not have even covered their medical bills.
We immediately hired an expert to inspect the tire, and he determined that it was defective. We then filed a lawsuit against the tire manufacturer, and after a long and hard-fought legal battle, we were able to secure a confidential settlement that was more than 10 times the insurance company’s initial offer. This settlement will provide the family with the financial security they need to move on with their lives.
The Case of the Fatigued Truck Driver
A man was driving to work early one morning on Shelby Drive when he was hit by a semi-truck that had drifted into his lane. The impact caused the man’s pickup truck to roll over, and he suffered a serious back injury that required surgery. The truck driver claimed that he had simply lost control of his vehicle, but we were not convinced.
We immediately sent a spoliation letter to the trucking company, demanding that they preserve the driver’s logs and other records. When we reviewed the records, we discovered that the driver had been on the road for more than 14 hours without a break, in clear violation of the hours-of-service rules. We were able to use this evidence to prove that the trucking company was negligent in allowing a fatigued driver to be on the road, and we secured a settlement that will provide our client with the financial resources he needs to support his family.
The Case of the Dangerous Road
A young woman was driving home from class at the University of Memphis when she hit a large pothole on a poorly maintained city street. The impact caused her to lose control of her car, which then rolled over. She suffered a serious head injury that left her with permanent cognitive impairments.
We filed a claim against the city, arguing that they were negligent in failing to maintain the road in a safe condition. The city initially denied responsibility, but we were able to use the city’s own records to show that they had received numerous complaints about the pothole in the weeks leading up to the accident. After a lengthy legal battle, we were able to secure a settlement that will provide our client with the lifelong care she needs.
Disclaimer: These are just a few examples of the types of cases we handle. The results in your case will depend on a number of factors, and we cannot guarantee a similar outcome.
Free Case Review (Call 901-300-5001)
You have nothing to lose by calling us. The consultation is free, and we only get paid if we win your case. We are ready to take immediate action to preserve evidence and protect your rights.
If you or a loved one has been injured in a rollover accident in Memphis, do not wait to get the legal help you need. The insurance companies have teams of lawyers and adjusters who are already working to minimize their liability. You need a team of experienced and aggressive attorneys on your side who will fight for your rights and help you to get the compensation you deserve.
At Southern Injury Attorneys, we offer a free, no-obligation consultation to all rollover accident victims. We will review your case, answer your questions, and explain your legal options. If you decide to hire us, we will work on a contingency fee basis, which means that you will not owe us anything unless we win your case.
Call for a free, no-obligation consultation:
- Memphis/West TN & Arkansas: 901-300-5001
- National: 800-224-5546
- ¿Hablas español? Llama al 800-224-5546
Get Answers To Your Most Asked Questions
A rollover crash is defined as any crash in which a vehicle tips over onto its side or roof at any point during the event. It doesn’t matter if the vehicle comes to rest on its wheels; if it rolled at all, it’s a rollover. This type of crash is particularly violent and often results in severe injuries or fatalities, which is why they are a focus of our Tennessee car accident claims practice.
Nearly all single-vehicle rollovers (over 95%) are “tripped.” This means the vehicle was sliding sideways and an external force—like a curb, a soft shoulder, or a guardrail—caused it to roll over. “Untripped” rollovers are rare and usually only happen in top-heavy vehicles during high-speed avoidance maneuvers. This distinction is critical for determining fault. A tripped rollover might point to a roadway defect or another driver’s actions that caused the initial loss of control, while an untripped rollover might point more toward driver error or a vehicle design defect.
SUVs, pickup trucks, and 15-passenger vans have a higher risk of rolling over than traditional passenger cars. This is due to their higher center of gravity and narrower track width, which makes them inherently less stable. The IIHS reports that in 2023, rollovers accounted for 38% of deaths in pickups and 34% in SUVs, compared to just 21% in cars.
Electronic Stability Control (ESC) is a life-saving technology that helps prevent rollovers. It uses sensors to detect when a driver is losing control of the vehicle and automatically applies the brakes to individual wheels to help keep the vehicle on its intended path. The NHTSA has found that ESC is highly effective at reducing the risk of fatal single-vehicle rollovers.
The Memphis MPO’s High Injury Network (HIN) identifies the most dangerous roads in our area. These include major arteries like US-61 (S. 3rd Street), Shelby Drive, Lamar Avenue (US-78), Poplar Avenue, and the I-240 loop. These high-speed, high-volume roads are where a disproportionate number of severe crashes, including rollovers, occur.
- Prioritize Safety: Check for injuries and call 911 immediately. Do not move anyone who may have a serious injury unless they are in immediate danger.
- Document Everything: If you are able, take pictures of the scene, the vehicles, and your injuries. Get contact information from any witnesses.
- Call a Lawyer: Contact an experienced Memphis car accident lawyer as soon as possible to protect your rights and preserve critical evidence.
You can typically get a copy of your Tennessee crash report online within 5-7 business days of the accident. You can purchase a copy of your report from the Tennessee Department of Safety and Homeland Security website for a small fee, usually around $10.
Proving a tire defect requires a thorough investigation by an experienced legal team and a qualified expert. We will immediately send a spoliation letter to preserve the tire and the vehicle, and then our expert will examine the tire for evidence of a design or manufacturing defect. This is a complex process, but it is essential for holding tire manufacturers accountable for putting dangerous products on the road.
Yes, absolutely. If the other driver was drunk or speeding, it can significantly increase the value of your settlement. This is because their conduct may be considered “reckless,” which can open the door to punitive damages. Punitive damages are intended to punish the at-fault driver and to deter others from similar conduct.
Memphis is home to two world-class trauma centers. The Elvis Presley Trauma Center at Regional One Health is the only Level I Trauma Center for adults in a 150-mile radius. Le Bonheur Children’s Hospital is a Level I Pediatric Trauma Center, providing the highest level of care to injured children.
In Tennessee, the statute of limitations for personal injury and wrongful death claims is generally one year from the date of the accident. This is a very strict deadline, and if you miss it, you will lose your right to recover any compensation. It is crucial to contact an attorney as soon as possible after a rollover accident.
Tennessee follows a “modified comparative fault” rule. This means you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not 50% or greater. Your recovery will be reduced by your percentage of fault. This rule was established in the case of McIntyre v. Balentine.
Tennessee law caps non-economic damages (pain and suffering, emotional distress) at $750,000 in most cases. This cap can be increased to $1 million in cases involving catastrophic injuries. These caps can have a significant impact on the value of your claim, and it is important to have an attorney who knows how to maximize your recovery within these limits.
Yes, punitive damages are also capped in Tennessee. The cap is the greater of two times the amount of compensatory damages or $500,000. Punitive damages are only awarded in cases of reckless or intentional conduct, such as drunk driving.
In a commercial vehicle rollover, there may be multiple parties who are liable, including the driver, the trucking company, the company that loaded the cargo, and the manufacturer of the truck or its components. An experienced truck accident lawyer in Memphis can help you to identify all of the potential defendants.
Yes, poorly loaded cargo is a common cause of commercial vehicle rollovers. If a truck’s cargo is not properly secured, it can shift during transit, causing the truck to become unbalanced and to roll over. We can prove this by examining the truck’s loading documents, interviewing the driver and the loading dock workers, and hiring an expert to analyze the load distribution.
The most important step is to send a spoliation letter to the owner of the vehicle, demanding that they preserve the vehicle and its electronic data. This is a legal document that puts them on notice that they have a duty to preserve this evidence. We will then arrange for an expert to inspect the vehicle and to download the data from the Event Data Recorder (EDR), or “black box.”
A weak roof that crushes in during a rollover can cause devastating head, neck, and spinal cord injuries. If we can prove that the vehicle’s roof was defectively designed, it can significantly increase the value of your case. This is a complex type of product liability claim that requires a team of experienced attorneys and engineers.
Rollover claims are often more valuable because the injuries are typically much more severe. The violent, multi-impact nature of a rollover can cause catastrophic injuries that require a lifetime of medical care. In addition, rollover cases often involve complex liability issues, such as product defects or commercial negligence, which can lead to higher damages.
Yes, absolutely. Seat belts and child seats are the most effective safety devices for preventing death and serious injury in a rollover. According to the NHTSA, nearly 75% of people who are ejected from a vehicle in a rollover are killed. Wearing a seat belt is the single most important thing you can do to protect yourself in a rollover.
Yes, if you were a passenger in a vehicle that was involved in a rollover, you can file a claim against the driver of that vehicle if they were at fault for the accident. You may also have a claim against the driver of another vehicle if they contributed to the accident.
Yes, you can still recover damages even if you were not wearing a seat belt. However, the other side will likely argue that your failure to wear a seat belt contributed to your injuries, and your recovery may be reduced by your percentage of fault. This is a complex legal issue, and it is important to have an experienced attorney on your side.
In a serious rollover accident, the at-fault driver’s insurance may not be enough to cover all of your damages. This is why it is so important to have Uninsured/Underinsured Motorist (UM/UIM) coverage. UM/UIM coverage protects you if the at-fault driver has no insurance or not enough insurance. Medical Payments (MedPay) coverage is also important, as it can help to pay for your medical bills, regardless of who is at fault.
The timeline of a rollover case can vary widely, depending on the complexity of the case. Some cases may settle in a matter of months, while others may take several years to resolve, especially if they go to trial. An experienced attorney can give you a better idea of how long your case is likely to take.
Yes, it is very likely that your health insurer or hospital will have a lien on your settlement. A lien is a legal claim that a creditor has on your settlement. We have a dedicated team that is experienced in negotiating with lienholders to reduce the amount of their liens, so that you can keep more of your settlement.
If your rollover was caused by a dangerous road condition, you may have a claim against the government entity that is responsible for maintaining the road. However, these claims are subject to the Tennessee Governmental Tort Liability Act (GTLA), which has strict notice requirements and caps on damages. It is crucial to have an attorney who understands the GTLA to handle your claim.
We have a team of experienced investigators who will canvass the area of the crash to look for witnesses and surveillance video. We will also check with local businesses and residents to see if they have any video footage that may have captured the accident.
A spoliation letter (also called a preservation letter or evidence preservation notice) is a legal document that is sent to the at-fault party, demanding that they preserve all evidence related to the accident. This includes the vehicle, any electronic data, and all relevant documents. We send a spoliation letter as soon as we are hired, to ensure that critical evidence is not lost or destroyed.
The at-fault driver’s insurance company is responsible for paying for your rental car and for the damage to your vehicle. We can help you to get a rental car and to get your vehicle repaired or replaced as quickly as possible.
There is no exact formula for calculating pain and suffering. It is a subjective measure of the physical and emotional toll that the accident has taken on you. We will work with you to develop a compelling narrative that will help the jury to understand the full extent of your pain and suffering.
If the at-fault driver has only minimum limits, it may not be enough to cover all of your damages. This is why it is so important to have Uninsured/Underinsured Motorist (UM/UIM) coverage. Your UM/UIM coverage will kick in to cover the difference between your damages and the at-fault driver’s policy limits.
Yes, if your rollover was caused by a defect in your vehicle, you can sue the automaker or the manufacturer of the defective component. These are complex product liability cases that require a team of experienced attorneys and engineers.
Insurance companies will use a variety of defenses to try to avoid paying on a rollover claim. They may argue that you were at fault for the accident, that you were not wearing a seat belt, that your injuries are not as serious as you claim, or that the accident was caused by something other than their insured’s negligence.
You should bring any documents you have that are related to the accident, including the police report, your medical records, and any correspondence you have received from the insurance company. You should also bring any pictures you have of the accident scene or your injuries.
It does not matter if you are a visitor or a student. If you were injured in a rollover accident in Memphis, you have the same legal rights as a resident of Tennessee. We can help you to get the medical care you need and to recover the compensation you deserve.
Yes, 15-passenger vans are significantly more likely to roll over than other types of vehicles, especially when they are fully loaded. The NHTSA has issued numerous safety advisories about these vehicles, and they are a known safety hazard.
A finding that the at-fault driver was under the influence of drugs or alcohol can have a major impact on both the criminal and civil cases. In the criminal case, the driver may face charges of DUI or vehicular assault. In the civil case, a finding of intoxication can open the door to punitive damages, which can significantly increase the value of your settlement.
Yes, you can still recover damages even if you were partly at fault, as long as your percentage of fault is not 50% or greater. This is due to Tennessee’s modified comparative fault rule. However, your recovery will be reduced by your percentage of fault.
Teen drivers are held to the same standard of care as adult drivers. However, the fact that a teen driver was involved in the accident may be a factor that is considered by the jury. In addition, the parents of a teen driver may be held liable for the accident in some circumstances.
The vast majority of personal injury cases settle out of court. However, we prepare every case as if it is going to go to trial. This sends a clear message to the insurance company that we are serious about getting our clients the compensation they deserve.
There is no “average” settlement for a Memphis rollover. The value of a case depends on a wide range of factors, including the severity of the injuries, the amount of the medical bills, the amount of the lost wages, and the strength of the liability case. An experienced attorney can give you a better idea of the value of your specific case.
You should call a lawyer as soon as possible after a rollover accident. The insurance company has already started working on your case, and you need someone on your side who will protect your rights. An attorney can help you to preserve evidence, deal with the insurance companies, and get the medical care you need.
Sí, hablamos español. Tenemos un personal bilingüe que está listo para ayudarle. Llámenos al 800-224-5546 para una consulta gratuita.
Yes, we can help you to get the medical care you need, even if you do not have health insurance. We have relationships with doctors and other medical providers throughout the Memphis area who are willing to treat our clients on a lien basis. We can also help you to arrange for transportation to and from your medical appointments.
If you have lost a loved one in a rollover accident, you may be able to file a wrongful death claim. A wrongful death claim is a civil lawsuit that is brought by the surviving family members of the deceased. The purpose of a wrongful death claim is to compensate the family for their losses, which can include the deceased person’s lost earning capacity, the loss of their love and companionship, and the emotional pain and suffering of the family.