SUV rollover accident is when a SUV rolls over onto its side or roof while on the road or when involved in an accident with another car. Rollover accidents are more common in sport utility vehicles (SUVs) because of its top heavy design.
Manufacturers of SUVs also know that their vehicles are prone to roll over, but sometimes do not design or manufacture it safe enough. SUV rollovers are common because SUVs have a higher center of gravity, poorly designed suspension system, poor stability design, or faulty brakes.
Rollover accidents are more likely to result in fatalities than other accidents, especially if the passengers are not wearing seatbelts. In a rollover, you can be thrown from the SUV that can result in severe injuries and death. More fatalities occur when a passenger is thrown from a car.
Another danger of SUV rollover accidents is that the roof of the vehicle will crush upon impact with the road. This will happen if the roof or roll bar is not strong enough or is defective in some other way. Roof crushes can lead to severe or fatal injuries, especially to the head and neck.
Besides certain SUVs being more prone to rollovers, there are some situations that are more likely to cause rollovers. These include the following:
SUV rollover accidents often lead to serious injuries, which include:
If you have suffered injuries because of a poorly designed SUV after a car accident, you can bring a automotive products liability claim against the manufacturer who designed the SUV or components of the SUV claiming that it was manufactured and designed poorly.
When you bring a products liability against a manufacturer, you do not need to prove that the manufacturer was negligence when designing the SUV, but rather that the SUV was designed in a defective way that caused the SUV to easily rollover
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The plaintiff does not have to prove negligence for a poorly designed SUV that rolled over, but rather defective design. If a plaintiff wants to prove that there was a defect in design of the SUV, which caused it to rollover, the plaintiff has the burden to show:
The plaintiff may also claim negligence theory against the manufacturer and any other companies that designed, manufactured, and sold the SUV.
Under this negligence theory, the plaintiff must show that these companies failed to use due care when designing and manufacturing the SUV, or when providing warnings and instructions in how to ride the SUV in a safe way. Many motor vehicle product liability lawsuits end up being filed as class action lawsuits if the same type of car injured many people.
If you were injured in a SUV rollover accident and you were successful in your claim, you may recover the following damages:
Economic damages compensate the plaintiff for measurable, real losses. These losses, also called actual losses, often include:
Non-economic damages are damages that are unquantifiable, as they cannot be calculated by simply adding up medical bills or invoices. They include:
Automobile manufacturers don't want to pay compensation in wrongful death, personal injury, or automotive products liability cases and aggressively defend against rollover cases. For this reason, it is important to have an experienced lawyer who can advise you of whether you have a case against the manufacturer of the SUV.
Design defect lawsuits for poorly designed SUVs that have caused SUV rollovers can often be complicated and typically require the expert opinion of a lawyer. You may wish to hire a qualified personal injury lawyer in your area if you need assistance in filing a design defect lawsuit. Your attorney can provide you with the legal advice necessary to help you obtain the appropriate legal remedy, such as a damages award for your losses.
Last Modified: 07-02-2018 07:25 PM PDTLaw Library Disclaimer
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