Driving an SUV along the busy interchanges of Loop 1604 or merging onto I-10 near San Antonio often feels safer than being in a smaller sedan. Many families choose these larger vehicles for the perceived protection they offer. But when a sudden maneuver or a collision leads to a rollover, that perceived safety can vanish in seconds. If the roof of your vehicle collapses or the SUV flips under conditions where it should have remained stable, the manufacturer may be responsible for a design defect.
I have spent nearly five decades in the legal field, and for more than twenty of those years, I sat on the defense side of the table. I saw exactly how auto manufacturers and their insurance companies try to blame the driver for every accident. Now, as a plaintiff’s attorney, I use that inside knowledge to fight for my clients. If you were injured in a rollover, you do not need a law firm that treats you like a file number; you need personal attention from a lawyer who knows the industry tricks and how to beat them.
The Inherent Stability Risks of SUV Designs
SUVs are popular for their utility, but their physical design creates unique risks. Most SUVs have a higher center of gravity and a narrower wheelbase than standard passenger cars. This combination makes them more prone to tipping or rolling over when a driver makes a sharp turn or a sudden evasive maneuver to avoid a hazard on a road like I-35.
In many cases, the manufacturer fails to include electronic stability control or wider axles that would have prevented the tip-up. Under Texas law, a products liability action can be brought against a manufacturer if a design defect makes the product unreasonably dangerous. I look at whether the vehicle was designed in a way that essentially “designed in” the danger from the start.
Roof Crush: When the “Safety Cage” Fails
A rollover is a violent event, but it is often survivable if the vehicle’s roof remains intact. The roof is supposed to act as a protective cage. If the pillars supporting the roof are too weak, the structure can collapse into the passenger cabin. This “roof crush” often leads to devastating injuries, including paralysis or traumatic brain injury.
Automakers measure roof strength using a strength-to-weight ratio. While federal standards like FMVSS 216 set minimum requirements for how much weight a roof must withstand, they are often viewed as bare-minimum safety standards. Many vehicles on the road today still have a poor strength-to-weight ratio. If your vehicle’s roof crushed more than 127 millimeters (5 inches) during a crash, it may be evidence that the design was flawed.
Proving a Design Defect Under Texas Law
Winning a rollover or roof crush case in Texas requires meeting a specific legal burden. Under the Texas Civil Practice and Remedies Code § 82.005, a claimant must prove by a preponderance of the evidence that a safer alternative design existed.
A “safer alternative design” means a different way to build the vehicle that would have prevented or significantly reduced your risk of injury. This design must also be economically and technologically feasible at the time the vehicle was made. For example, I might argue that adding reinforced steel to the A-pillars or lowering the center of gravity would have saved you without ruining the vehicle’s usefulness.
You must also show that the defect was the “producing cause” of your injury. This means the injury occurred because the roof collapsed or the car rolled over, not just because an accident occurred. Texas courts use a risk-utility analysis to decide if a design is unreasonably dangerous. They balance the design’s risk against the benefits it provides to the user.
Defeating the “Big Wreck” Defense
Insurance companies and manufacturers often rely on what is known as the “big wreck” defense. They will argue that the crash was so severe that no vehicle design could have protected you. They may also point to your own driving and use Texas’s modified comparative negligence rules to try to reduce their liability.
Because I spent decades defending these companies, I know their playbook. I understand how they use their own internal crash tests to claim their vehicles are safe, even though those tests rarely replicate real-world rollover speeds. I personally handle every case that comes through my door. I do not hand you off to a junior associate who is still learning the ropes. You get my personal attention and my fifty years of experience.
Compensation for SUV Rollover Victims
If we prove the vehicle design was at fault, you may be entitled to various forms of compensation under Texas law. This includes:
- Past and future medical expenses for surgeries, therapy, and long-term care.
- Lost wages if you are unable to return to work.
- Loss of future earning capacity if your injuries are permanent.
- Physical pain and mental anguish.
- Home modifications, such as wheelchair ramps, if you have suffered a spinal injury.
I work on a “no win, no fee” basis. You pay nothing until I win your case. But I take my commitment to my clients even further. If your injuries are severe enough that you cannot afford your daily living expenses, I have helped clients by paying for their needs out of my own pocket until the case is resolved. I believe that an injury victim should not be forced into a quick, low-ball settlement just because they are struggling to keep the lights on.
Why Time is Critical in Rollover Cases
The statute of limitations for personal injury claims in Texas is generally two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003. But in vehicle defect cases, you must act even faster. Evidence like the vehicle itself, tire marks on the road, and data from the car’s “black box” can disappear quickly.
I urge you to preserve the vehicle in its post-accident state. Do not let the insurance company take it or sell it for parts until an independent expert has inspected it. This vehicle is the most important piece of evidence in your case.
Personal Attention from a Dedicated Texas Attorney
Dealing with a life-changing injury is exhausting. You should not have to fight a multi-billion-dollar car company by yourself. I offer the personal attention of a solo practitioner with the aggressive edge of an attorney who has seen both sides of the courtroom. I will personally handle your case and ensure the manufacturers are held accountable for the designs they put on our roads.
If you or a loved one were injured in an SUV rollover near San Antonio, call me today. English-speaking clients can reach me at 210-985-8398, and Spanish-speaking clients can reach me at 210-796-4933. Let me put my fifty years of experience to work for you.
