UTAH
Utah Rollover Accident Lawyer
Hurt when an SUV, pickup or van rolled on a Utah highway? We look at the other driver and the vehicle itself. Free consultation, and no attorney fees unless we win.
A rollover is not an ordinary collision. Once the tires leave the pavement, the next second or two is decided by the roof, the seat belts, the door latches and the side glass. That is why a rollover claim usually has two questions: why did the vehicle go over, and why were the people inside hurt as badly as they were?
West Injury Law handles rollover claims for drivers, passengers and families across Utah, whether the answer points at another driver, a tire or vehicle defect, a road condition, or some mix of them. The first job is protecting the vehicle and the data stored in it, because both can be gone within days. If your crash did not involve a rollover, our car accident page is a better starting point.
How Rollovers Start on Utah Highways
Most rollovers are "tripped." A right-side tire drops off the pavement edge onto a soft shoulder or into a dirt median, the driver yanks the wheel to get back on the road, and the vehicle slides sideways until the tires dig in and it flips. Others begin with a blowout or tread separation, a swerve around a car drifting into the lane, a clip on the rear quarter, or a hard gust of wind. Taller vehicles with a higher center of gravity, such as SUVs, pickups and heavily loaded passenger vans, are more prone to going over. Long rural drives on I-80 across the west desert, I-70 through the San Rafael Swell, US-6 between Spanish Fork and Price, and US-89 through Utah's canyons and small towns add fatigue and speed to those unforgiving road edges.
Two Claims Can Come From One Rollover
The other driver. If someone ran you off the road, cut you off, hit your rear quarter, or was speeding, impaired or distracted, that driver's liability insurance is the first source of payment. Policies issued or renewed since January 1, 2025 must carry at least $30,000 per injured person under § 31A-22-304, which a rollover hospital stay can use up quickly. Your own underinsured motorist coverage may add to it.
The vehicle. If the roof caved in, a belt unlatched or spooled out, a door flew open, a tire's tread peeled off, or a stability system failed to do its job, the manufacturer or seller may be responsible under the Utah Product Liability Act. Section 78B-6-703(1) requires a defect that existed when the product was sold and made it unreasonably dangerous, which § 78B-6-702(4) measures against what an ordinary, prudent buyer or user would expect. Our defective car parts guide explains design, manufacturing and warning defects, and our Utah product liability page covers the Act in more depth.
Federal safety standards. FMVSS 216a (49 C.F.R. § 571.216a) exists "to reduce deaths and injuries due to the crushing of the roof into the occupant compartment in rollover crashes." For covered vehicles with a gross vehicle weight rating of 6,000 pounds or less, the roof test applies a force of up to 3.0 times the vehicle's unloaded weight; for heavier vehicles up to 10,000 pounds, up to 1.5 times. FMVSS 126 requires electronic stability control on passenger vehicles up to 10,000 pounds, with the stated purpose of reducing crashes where drivers lose control, "including those resulting in vehicle rollover." Under § 78B-6-703(2), compliance with government standards creates a presumption that the product was not defective, and that presumption is rebuttable.
Seat belts. In a Utah civil case, not wearing a seat belt is not comparative negligence and may not be introduced as evidence on negligence, injuries or mitigation of damages, under § 41-6a-1806. An occupant who was thrown from the vehicle still has a claim, and the insurer cannot use the belt to shrink it.
Deadlines. Each claim runs on its own clock. A product liability action must be filed within two years from when you discovered, or reasonably should have discovered, both the harm and its cause (§ 78B-6-706). A negligence claim against a driver generally has four years under § 78B-2-307, a wrongful death claim two under § 78B-2-304(3), and a claim that a government agency designed or maintained the road badly needs a written notice of claim within one year under § 63G-7-402. Our statute of limitations page covers the exceptions.
Protect the Vehicle Before Anything Else
In a rollover, the vehicle is the most important piece of evidence. Insurers often declare it a total loss within days, pay the owner, and send it to a salvage auction, where it can be sold, stripped for parts or crushed. When that happens, the roof deformation, the belt webbing and buckles, the door latches, the failed tire and the airbag control module, which in many vehicles records speed, braking and other data from the seconds before the crash, go with it. Tell the insurer and the tow or storage yard in writing that the vehicle must be kept as it is, do not let a dealer or body shop repair or strip it, and talk to a lawyer before signing over the title.
Keep everything else, too: scene photos and tire marks, the tires and any tread pieces, child seats, dashcam and phone navigation data, the crash report number, and any recall notice mailed to the owner. NHTSA's online lookup lets you check a vehicle's open safety recalls by VIN.
Vans, Pickups and Towing Rigs
A loaded passenger van, a pickup towing a trailer and a vehicle with a roof load all handle differently in an emergency swerve than they do empty. When an employer, rental company, church or team organizer overloaded a vehicle, ignored worn tires, or put an untrained driver behind the wheel, that organization may share responsibility. When a commercial truck is involved, our truck accident claims guide explains the federal rules. Side-by-sides and UTVs that roll on trails and dunes raise different questions, covered on our UTV rollover page.
Injuries in Rollover Crashes
When a roof crushes inward, the head and neck take the load, which is why rollovers so often produce skull fractures, brain injuries and spinal cord damage. Occupants partly or fully ejected through a side window or open door suffer crushing injuries and multiple fractures. Your own personal injury protection pays early medical bills up to the policy limit, at least $3,000 under § 31A-22-307. To bring a claim for pain and suffering against the at-fault driver, § 31A-22-309(1) requires an injury on its list, such as permanent impairment, permanent disfigurement, a bone fracture, or medical expenses over $3,000; see how Utah's no-fault rules work.
Damages After a Rollover
- Economic losses: emergency and hospital care, surgery, rehabilitation, future treatment, lost wages and lost earning capacity.
- Non-economic losses: physical pain, emotional distress, and the parts of daily life the injury has taken away.
- Lifelong care: attendant care, mobility equipment and home or vehicle modifications after spinal cord or brain injuries.
- Loss of a family member: when a rollover is fatal, heirs can bring a wrongful death claim.
How Fault Gets Divided
Rollover cases often involve several parties, and each one points at the others. Utah divides fault by percentage under § 78B-5-818, and a person 50% or more at fault recovers nothing. Manufacturers often argue that a lift kit, oversized tires, a removed roof panel or another aftermarket change caused the problem; § 78B-6-705 counts a post-sale alteration that changed the vehicle's design or use as fault. The steps in a Utah injury case explain what happens after the investigation.
Case Results
Results From Across Utah
Past results depend on the facts of each case and do not predict the outcome of yours.
See All Case Results →Common Questions
Questions About Rollover Claims
My SUV rolled after I swerved to avoid another car that never touched me. Do I have a claim?
Possibly. Utah Code § 31A-22-305 treats an unidentified vehicle that left the scene of a crash its driver caused as an uninsured vehicle, so your own uninsured motorist coverage may apply. If the other vehicle never touched yours, § 31A-22-305(6) requires clear and convincing proof that goes beyond your own testimony, such as an independent witness or video. A tire or vehicle defect can support a separate claim even when no other car was involved.
The roof caved in during the rollover. Does that mean the vehicle was defective?
Not automatically. Federal standard FMVSS 216a sets minimum roof strength, and under Utah Code § 78B-6-703(2) compliance with government standards creates a rebuttable presumption that the product was not defective. Engineers compare the crush to the forces in the crash and to safer designs available when the vehicle was built.
I was not wearing a seat belt. Can the insurance company use that against me?
No. Under Utah Code § 41-6a-1806, failing to wear a seat belt is not comparative negligence and may not be introduced as evidence in a civil case on negligence, injuries or mitigation of damages.
The insurer wants to move my totaled vehicle to a salvage yard. Should I let it?
Not until the vehicle has been preserved and inspected if there is any chance of a defect claim. Put your request to keep it in writing to the insurer and the storage yard, and do not sign over the title until you have talked to a lawyer.
How long do I have to file a rollover claim in Utah?
A product liability claim must be filed within two years after you discovered, or should have discovered, the harm and its cause. A negligence claim against a driver generally has four years, a wrongful death claim two, and a claim against a government entity needs a notice of claim within one year.
What does it cost to hire you after a rollover?
You pay nothing up front, and no attorney fees unless we win. Our fee is a percentage of any recovery, and the written agreement explains how case costs, including engineering experts, are handled.
Hurt in a Rollover Crash?
Free consultation. No attorney fees unless we win. Hablamos Español.
