Automotive Defect: Roof Crush
Automotive Defect: Roof Crush by Texas Rollover Accident Attorney Justin A. Hill
Automobile manufacturers have known for decades that vehicles roll over in reasonably foreseeable accidents. With the rise in popularity of SUVs and pick-up trucks, the number of people who are susceptible to injury or death from vehicles rolling over has increased significantly over the last 20 years. However, in light of the fact that more people are affected by rollovers, many vehicle manufacturers have done little to increase the strength of the roofs in their SUVs and pick-ups. The strength of the roof determines how far it will intrude, or crush, in on the passenger during a rollover event.
Roof crush, or “loss of occupant survival space,” creates many problems for occupants in the vehicle. First, it rapidly reduces the space in the vehicle for the occupant. This will increase the risk that the occupant will receive a spinal cord compression injury. Second, roof deformation does not happen straight down but rather down and in toward the occupant. This significantly increases the likelihood that a properly belted occupant will be partially ejected out of the vehicle during the roll sequence. Typically, the force of the roll coupled with the glass shattering out of the window, the roof crushing down and inward and the seatbelt not properly securing the occupant to the seat can result in the occupant having his or her head and/or arm and shoulder out of the vehicle during the roll. As will be discussed below, there are other ways to keep an occupant in the vehicle during a roll but a roof that stays in place during a roll reduces the risk of a person being partially ejected or receiving a compression injury even without the other safety measures.
The most common injuries associated with roof crush are spinal cord compression injuries and death. Car manufacturers have taken the position, especially in spinal cord compression injury cases, that the injury was caused by the occupant “diving” into the roof. The term “diving” comes from the analogy of swimming pool diving injuries to compression injuries sustained in rollovers. With this defense, the automobile manufacturers maintain the injury occurs before the roof crushes in by the head moving toward the roof until it can go no further and the weight of the occupant’s body moving toward the head until there is such loading on the neck that a spinal injury occurs. Vehicle manufactures allege through testing and expert testimony that when a vehicle is inverted, the forces of gravity and the roll sequence will lead to an occupants head contacting the roof without any roof crush. They allege that there is no alternative roof design that can stop this from happening.
Partial ejections are also common in rollover accidents because the roof crushes down and in toward the occupant. When the roof crushes down and in, the force of the roll causes the occupant’s head to get outside the plane of the vehicle. In a partial ejection, it is common for an occupant to hit his or her head against the ground or pavement or get it caught between the car and ground during the roll. Vehicle manufacturers often argue that no matter the strength of the roof, a belted occupant can get their head out of the car during a roll. But if you keep the roof from deforming during a rollover, it is extremely unlikely that a restrained and contained occupant will get their heads out of the plane of the vehicle and sustain a catastrophic injury.
When analyzing a roof crush case, it is important to analyze the extent of the roof deformation. This will require measurements that can be done by a trained attorney or investigator. Further, as discussed above, the accident reconstruction will provide much information that will allow an analysis of a roof crush case. Trip speed, roll velocity, number of rolls, drop height and the type of roll (barrel, end over end or football) are all needed to analyze whether or not a safer alternative design existed that would have kept the occupant compartment space preserved during the roll. If someone you know was injured or killed as the result of a rollover accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.
