By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a Washington rollover?
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What to do after a rollover in Washington
- Get medical care and follow up. See our Washington brain injury lawyer page and how to sue for a spinal cord injury.
- Keep the vehicle. Tell your insurer and the tow yard in writing not to sell or crush it. Roof, belts, side curtains, tires and the crash data module are the evidence in a defect case.
- Photograph the road: the shoulder edge, ruts, missing guardrail, tire marks.
- Get the report. Washington State Patrol handles most state highway crashes. In Seattle, see how to get a police report in Seattle.
- Do not give a recorded statement to another driver’s insurer first. See what not to tell the insurance company.
Why vehicles roll over and who can be responsible
A rollover often begins when a vehicle slides sideways and a tire digs into a curb, a soft shoulder or a ditch. A side or rear impact from another driver, a tire failure or a sharp correction can start the slide.
- The other driver, including an impaired or speeding driver who hits you from behind.
- A product seller. Washington’s Product Liability Act covers claims for harm caused by the design, manufacture, testing, warnings or marketing of a product, and its definition of product seller includes manufacturers (RCW 7.72.010).
- A road agency, for a dangerous road condition. See pothole or dangerous road crashes.
- A tire shop or fleet owner. See tire blowout crashes.
When several parties share blame, the jury assigns a percentage of fault to every entity that caused the damages, including you, the other driver and the manufacturer (RCW 4.22.070).
Nationally, 6,596 people died in vehicles that rolled over in 2023, which was 28% of all passenger vehicle occupant deaths. The share was highest in pickups (38%), then SUVs (33%), vans (25%) and cars (20%). Of the 4,751 occupants totally ejected in fatal crashes that year, 3,892 died, or 82% (NHTSA).
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Roof crush, ejection and the Product Liability Act
Design claims. A manufacturer is liable if negligent design made the product not reasonably safe. A design is not reasonably safe if, when made, the likelihood and seriousness of the harm outweighed the burden of designing a product that would have prevented it and the effect a practical, feasible alternative design would have had on the product’s usefulness (RCW 7.72.030(1)(a)). The jury must also consider whether the product was unsafe beyond what an ordinary consumer would contemplate (RCW 7.72.030(3)).
Manufacturing defects. A maker is strictly liable when the product was not reasonably safe in construction, meaning it deviated in some material way from the design specifications (RCW 7.72.030(2)). A tire with a bad bond between belts is the classic example.
Time limits. A product claim must be brought within three years of when you discovered, or should have discovered, the harm and its cause. A seller is not liable if it proves the harm came after the product’s useful safe life ended, and harm more than 12 years after delivery to the first buyer creates a presumption that the useful safe life had expired, which you can rebut by a preponderance of the evidence (RCW 7.72.060).
Federal safety standards set the baseline for rollover protection.
- Roof strength (FMVSS 216a). Its stated purpose is to reduce deaths and injuries from the roof crushing into the occupant compartment in rollovers. A vehicle with a gross vehicle weight rating of 6,000 pounds or less must withstand a force of up to 3 times its unloaded weight, applied to one side of the roof and then the other; heavier vehicles up to 10,000 pounds are tested at 1.5 times (49 CFR 571.216a).
- Ejection mitigation (FMVSS 226). It requires systems that reduce complete and partial ejections through side windows in rollovers and side impacts. Each covered vehicle made on or after September 1, 2017 must comply (49 CFR 571.226).
- Electronic stability control (FMVSS 126). Its purpose is to cut crashes in which the driver loses directional control, including rollovers. All covered vehicles made on or after September 1, 2011 must have it (49 CFR 571.126).
Washington law: deadline, fault and seat belts
Three years to sue. An action for injury to the person must be commenced within three years (RCW 4.16.080(2)). See personal injury deadlines in California, Texas and Washington.
Pure comparative fault. Your contributory fault reduces your damages proportionately but does not bar recovery (RCW 4.22.005).
Seat belts. Everyone 16 or older in a covered motor vehicle must wear a properly adjusted and fastened belt (RCW 46.61.688(3)). Subsection (6), in the current text, reads: “Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.” That is the opposite of the Texas rule, and it limits a defense built on blaming an unbelted occupant for his own injuries.
Belt use is high in Washington, 94.1% in the 2025 observation survey, but unrestrained deaths climbed to a peak of 172 in 2023, 60% more than in 2019 (WTSC 2025 Seat Belt Survey Report). Preliminary data count 659 traffic deaths statewide in 2025 (WTSC).
Claims against cities, counties and WSDOT
Local governments and the state are liable for their tortious conduct to the same extent as a private person or corporation (RCW 4.96.010; RCW 4.92.090). A claim against a city or county must be presented to the agent the entity has appointed, within the limitations period, and you cannot sue until 60 calendar days have passed; the limitations period is paused during those 60 days (RCW 4.96.020). Claims against the state, including WSDOT road claims, go to the Office of Risk Management with the same 60-day wait (RCW 4.92.110).
Insurance after a Washington rollover
Liability minimums are $25,000 for one person and $50,000 for two or more (RCW 46.29.090). Underinsured motorist coverage must be included unless a named insured or spouse rejects it in writing, and Washington treats a vehicle as underinsured when its coverage is less than the damages you are legally entitled to recover (RCW 48.22.030). See making a UIM claim. A product claim is separate from these policies.
Recent rollovers in Washington
On October 12, 2026, the State Patrol said a suspected impaired driver struck the rear of a Ford Edge on southbound I-5 near Kalama; the Edge rolled into the median, and both drivers were reported belted. A passenger was seriously hurt in a single-car rollover on southbound SR 167 in Renton, and the driver was arrested for vehicular assault with impairment suspected. In Federal Way, four people were hurt when a car rolled down an embankment on SW 320th Street; one occupant was ejected and taken to Harborview in critical condition. If impairment is involved, see our Washington drunk driving accident lawyer page. Local pages: Seattle and Tacoma car accident lawyers.
Washington, California and Texas compared
| State | Deadline to sue | Your share of fault | Design defect claims | Seat belt evidence | Government road claim |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) | Once you show the design caused the injury, the maker must prove the benefits outweigh the risks (Barker) | Not negligence per se; negligence may be proven as a fact (Veh. Code § 27315(i)) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | 2 years (CPRC § 16.003); product suits within 15 years of sale (§ 16.012) | Barred above 50% (CPRC § 33.001) | You must prove a safer alternative design (CPRC § 82.005); presumption for the maker if federal standards were met (§ 82.008) | Relevant evidence is admissible to apportion responsibility (Nabors v. Romero) | Notice within 6 months (CPRC § 101.101) |
| Washington | 3 years (RCW 4.16.080(2)); product claims 3 years from discovery (RCW 7.72.060(3)) | Reduces the award, never bars it (RCW 4.22.005) | Risk weighed against a practical, feasible alternative design, plus ordinary consumer expectations (RCW 7.72.030) | Not admissible as evidence of negligence (RCW 46.61.688(6)) | Written claim, then a 60-day wait (RCW 4.96.020) |
Washington gives the most time to sue and is the only one of the three that keeps seat belt nonuse out as evidence of negligence.
Related pages
- California rollover accident lawyer
- Texas rollover accident lawyer
- Washington car accident lawyer
- Washington head-on collision lawyer
- Washington wrongful death lawyer
Common questions
How long do I have to sue after a rollover in Washington?
Three years against a driver (RCW 4.16.080(2)). A product claim must be brought within three years of when you discovered or should have discovered the harm and its cause (RCW 7.72.060(3)).
Can the insurer argue I was hurt because I was not belted?
Washington law says failure to wear a seat belt does not constitute negligence and is not admissible as evidence of negligence in any civil action (RCW 46.61.688(6)).
My SUV is more than 12 years old. Can I still bring a defect claim?
Possibly. Harm more than 12 years after delivery creates a presumption that the product’s useful safe life had expired, but you can rebut it by a preponderance of the evidence (RCW 7.72.060(2)).
What makes a vehicle design not reasonably safe?
When the likelihood and seriousness of the harm outweighed the burden of a safer design and the effect of a practical, feasible alternative on the vehicle’s usefulness, or when it was more dangerous than an ordinary consumer would expect (RCW 7.72.030).
How do I claim against WSDOT or a county for a dangerous road?
File a written claim with the state’s Office of Risk Management or the local entity’s appointed agent and wait 60 days before suing. The limitations period is paused during the wait (RCW 4.92.110; RCW 4.96.020).
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Sources
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.22.070
- RCW 7.72.010
- RCW 7.72.030
- RCW 7.72.060
- RCW 46.61.688
- RCW 4.96.010
- RCW 4.96.020
- RCW 4.92.090
- RCW 4.92.110
- RCW 46.29.090
- RCW 48.22.030
- Washington Traffic Safety Commission, 2025 Seat Belt Survey Report (Feb. 2026)
- Washington Traffic Safety Commission, 2025 preliminary fatality data
- 49 CFR 571.216a (FMVSS 216a, roof crush resistance)
- 49 CFR 571.226 (FMVSS 226, ejection mitigation)
- 49 CFR 571.126 (FMVSS 126, electronic stability control)
- NHTSA, Traffic Safety Facts: Passenger Vehicles, 2023 Data (DOT HS 813 723, May 2025)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.