Brooklyn Rollover Accident Attorney Samantha Kucher Releases Legal Guide for Crash Victims in Kings County

Rollover crashes, though a small fraction of all collisions, cause a disproportionate number of severe injuries and deaths, according to the National Highway Traffic Safety Administration. Brooklyn rollover accident attorney Samantha Kucher of Kucher Law Group has issued a guide outlining the causes of rollovers in New York City, common injuries, and legal deadlines for claims. The guide explains that rollovers occur when a vehicle tips onto its side or roof, rotating at least 90 degrees, and are classified as tripped—triggered by obstacles like curbs or guardrails—or untripped, resulting from driving dynamics alone. Kucher noted that rollovers involve violent motion and multiple points of impact, and the resulting injuries are rarely minor.

Several factors on Brooklyn streets increase rollover risk, including speeding above the citywide 25 mph limit, vehicles with high centers of gravity such as SUVs and 15-passenger vans, potholes and steel plates from construction zones, and impaired or distracted driving. Defective tires, worn tread, and improper inflation can also contribute to loss of control. Kucher emphasized that liability may extend to other drivers, vehicle or parts manufacturers, government entities responsible for road conditions, and commercial operators under legal doctrines like respondeat superior.

Rollover injuries often meet the serious injury threshold under New York Insurance Law § 5102(d), which can allow recovery of non-economic damages such as pain and suffering. Common injuries include traumatic brain injuries, spinal cord damage from collapsed roofs, crush injuries leading to compartment syndrome, and internal bleeding. Under New York's no-fault system, basic economic loss is generally capped at $50,000 per person and covers medical expenses and a portion of lost earnings. Personal injury claims typically must be filed within three years under CPLR 214, while wrongful death claims have a two-year deadline under EPTL 5-4.1. Claims against many public entities require a Notice of Claim within 90 days, and lawsuits against municipalities must generally be started within one year and 90 days.

Attorney Kucher advises rollover victims to take specific steps after a crash: call 911, obtain a police report within 10 days if required, photograph the scene and vehicle damage, seek prompt medical care, and provide timely written notice to their insurer. She warns against giving recorded statements to the at-fault driver's insurer until the full extent of injuries is known. Kucher Law Group focuses on early evidence preservation, sending preservation letters to secure event data recorder downloads, surveillance footage from nearby businesses, and traffic camera recordings before they are erased.