By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a rollover?
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What to do after a rollover in California
- Get medical care and follow up. Head and spinal injuries can show up later. See our California brain injury lawyer page and how to sue for a spinal cord injury.
- Do not let the vehicle be crushed or sold. Tell your insurer and the tow yard in writing to preserve it. The roof, belts, side curtains, tires and crash data module are the evidence in a defect claim.
- Photograph the roof, belts, tires, skid marks and any drop-off at the pavement edge.
- Get the report. See how to get a police report for a car accident.
- Do not give a recorded statement to another driver’s insurer before you get advice. Here is what not to tell the insurance company.
Why vehicles roll over and who can be responsible
Many rollovers are tripped: a vehicle is hit in the side or rear, slides sideways, and a tire digs into soft dirt, a curb or a raised pavement edge. Others start with a tire failure or a sharp steering correction. Of SUVs and of pickups involved in rural fatal crashes in 2023, 27% rolled over, compared with 19% of cars (NHTSA).
- The other driver who sideswiped you, cut across your lane or rear-ended you, even if the vehicles barely touched.
- The vehicle or tire maker, when a roof collapses, a belt unlatches, a side curtain fails or a tread separates.
- A public agency, for a shoulder drop-off, missing guardrail or badly designed curve. See pothole or dangerous road crashes.
- A repair shop or fleet owner that skipped tire maintenance. See tire blowout crashes.
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 other vehicle defects
Strict liability. A manufacturer is strictly liable in tort when a product it places on the market, knowing it will be used without inspection for defects, proves to have a defect that injures someone (Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57).
Crash safety counts. Because traffic accidents are foreseeable, vehicle makers must consider collision safety. Whatever caused the crash, the maker is liable for specific collision injuries that would not have happened without a design or manufacturing defect (Soule v. General Motors Corp. (1994) 8 Cal.4th 548). So a rollover caused by another driver can still support a roof-crush claim.
Two ways to prove a design defect. In Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, the California Supreme Court allowed a plaintiff to show the product failed to perform as safely as an ordinary consumer would expect, or to show the design caused the injury. Under the second test, once the plaintiff shows the design caused the injury, the burden shifts to the manufacturer to prove the design’s benefits outweigh its risks. Soule later limited the consumer-expectations test to cases where everyday experience shows the design fell below minimum safety assumptions, so a question like how a roof should hold up in a multiple-roll crash usually goes to the risk-benefit test and expert proof.
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).
California law: deadline, fault and seat belts
Two years to sue. An action for injury or death caused by the wrongful act or neglect of another must be filed within two years (CCP § 335.1). That covers the other driver and a product claim against the manufacturer. Our page on personal injury deadlines in California, Texas and Washington has more.
Pure comparative fault. Liability is assessed in proportion to fault even when the plaintiff is as much or more at fault than the defendant (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
Seat belts. California requires drivers and passengers 16 and older to be properly restrained (Veh. Code § 27315(d), (e)). In a civil case, a violation does not establish negligence as a matter of law or negligence per se for comparative fault purposes, but negligence may be proven as a fact without regard to the violation (§ 27315(i)). The defense can still try to prove an unbelted occupant would have been hurt less. The current text of section 27315 is repealed on January 1, 2027 (subdivision (q)). A new version of the section, added by AB 435 (Stats. 2025, ch. 434), takes effect that day with the same subdivision (i) rule; its main change is a new definition of “properly restrained.” In 2023, 780 unrestrained vehicle occupants died in California crashes, out of 4,061 traffic deaths (Office of Traffic Safety).
Dangerous roads, Caltrans and the six-month claim
A public entity is liable for injury caused by a dangerous condition of its property if the condition created a reasonably foreseeable risk of the kind of injury that happened, and either an employee’s negligence created it or the entity had notice in time to fix it (Gov. Code § 835).
Road-design claims face design immunity. An entity is not liable for an injury caused by a plan or design approved in advance by a body or employee with discretionary authority, if the court finds any substantial evidence that a reasonable employee or body could have approved it (Gov. Code § 830.6).
The claim against the agency must be presented no later than six months after the crash (Gov. Code § 911.2). See claims against a city or county and the six-month rule. Photograph the shoulder early, because agencies regrade and pave.
Insurance after a rollover
For policies issued or renewed on or after January 1, 2025, the minimum liability limits are $30,000 for one person, $60,000 for two or more, and $15,000 for property damage (Veh. Code § 16056). Your own uninsured motorist coverage is part of every policy unless deleted by a signed written agreement, and a vehicle counts as underinsured when its limits are lower than your uninsured motorist limits (Ins. Code § 11580.2). See making a UIM claim. A product claim against a manufacturer does not depend on any auto policy.
Recent rollovers in California
On September 14, 2026, a 24-year-old man died when a two-vehicle crash caused one car to roll over on the westbound 118 Freeway in Chatsworth. In August 2026, a car and a van collided and overturned at Telegraph Road and Victoria Avenue in the Whittier area, leaving several people critically hurt. Eight people were hurt when a two-vehicle crash rolled a car onto its roof on Sherman Way in Winnetka. See also our Los Angeles car accident and California wrongful death pages.
California, Texas and Washington 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) |
California is the only one of the three that shifts the burden to the manufacturer once you show the design caused your injury.
Related pages
- Texas rollover accident lawyer
- Washington rollover accident lawyer
- California car accident lawyer
- California head-on collision lawyer
- Comparative fault in California, Texas and Washington
Common questions
How long do I have to sue after a rollover in California?
Two years from the crash for claims against a driver or a manufacturer (CCP § 335.1). If a dangerous public road played a part, the written claim to the agency is due within six months (Gov. Code § 911.2).
The other driver hit me and then my SUV rolled. Can I also sue the maker?
Possibly. The California Supreme Court has said that, whatever caused the crash, a vehicle maker is liable for specific collision injuries that would not have occurred but for a manufacturing or design defect (Soule v. General Motors Corp. (1994) 8 Cal.4th 548). Roof crush, belt failures and ejections are common examples.
I was not wearing a seat belt. Can I still recover?
Yes. Under Vehicle Code § 27315(i), a seat belt violation does not establish negligence as a matter of law, but the defense may try to prove negligence as a fact. Any fault assigned to you reduces your award under pure comparative fault; it does not bar it.
Do I have to prove the manufacturer was careless?
No. Product claims in California are based on strict liability (Greenman). Under Barker, once you show the design caused your injury, the manufacturer must prove the design’s benefits outweigh its risks.
Can I sue Caltrans or a county over a shoulder drop-off?
You can present a claim under Gov. Code § 835 if the condition was dangerous and the agency created it or had notice. Design immunity under § 830.6 is a common defense. The claim is due within six months.
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Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Veh. Code § 27315
- AB 435 (Stats. 2025, ch. 434), new Veh. Code § 27315 operative Jan. 1, 2027
- Cal. Veh. Code § 16056
- Cal. Ins. Code § 11580.2
- Cal. Gov. Code § 835
- Cal. Gov. Code § 830.6
- Cal. Gov. Code § 911.2
- Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57
- Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413
- Soule v. General Motors Corp. (1994) 8 Cal.4th 548
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- California Office of Traffic Safety, Quick Stats (2023 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.