SUV rollovers are common and the cause of the accident is often unknown. Many times injured parties are not aware that they have rights, particularly against the auto manufacturer for injuries sustained. If you have been involved in a SUV rollover read the below article in order to have a better understanding of your rights.
SUV Rollover Cases and Our Approach
In order to understand liability in a SUV rollover claim
, there are a number of factors which need to be considered. First who was responsible for the accident? Was it the result of a car accident, tire blow out or tread separation? Or was it because of a hard turn which caused the SUV to rollover? It is almost impossible to answer these questions without the help of a qualified accident reconstruction expert.
Finding a qualified expert is often times difficult and costly. Downtown L.A. Law has extensive access to all types of experts who can help us establish the root cause of the accident. Our investigators are generally immediately dispatched to the place of the accident to take photos.
SUV Rollover Statistics
Statistics relating to SUV rollovers
according to the National Highway Traffic Safety Administration NHSTA are astonishing. There are over 10,000 deaths each year in the U.S. which are attributed to SUV rollovers. These deaths include occupants, drivers, pedestrians and other vehicles involved in the accident. According to these reports a SUV owner who owns his/her vehicle for over 10 years has a 1 in 14 chance of being involved in a rollover.
Keep in mind that this death toll does not include the substantial and lifelong injuries survivors often face. We often fail to realize that those who survive mangled or rollover accidents are forced to live almost completely different lives. Those surviving are forced to live with debilitating injuries, which can require lifelong care and treatment.
In comparison to other vehicles sport utility vehicles lack the same crash-worthiness, which is attributed to defects and flaws in the manufacture process. In fact many SUV accidents resulting from a rollover are attributed to a defect in the design or manufacture of the vehicle. These vehicles are prone to rolling over due to a high center of gravity and defective or fragile roofs, doors or side panels.
While SUV manufacturers first neglected the serious design deficiencies they were ultimately cured as a result of a flood of lawsuits. However there are still thousands of vehicles which are prone to rollovers due to a defective design element or component in the vehicle.
Even today there are countless reported SUV rollover accidents which claim the lives of thousands of people and leave many seriously injured.
Filing a Lawsuit for Injuries
If you have been injured from a car accident there is always a possibility that you may have the ability to sue for your damages. But knowing whether you have a case can require on a number of different factors. Below are list of some of the many factors we look into.
- How did the rollover take place? Was there an accident?
- Has the particular SUV been recalled?
- Was there any structural deficiencies, including side panels, roof or tire tread separation?
- Did the manufacture have notice?
- What type of injuries were sustained?
- What was the approximate speed of the vehicle at the time of the accident?
- What direction was the vehicle traveling?
- What time of day did the accident take place?
Through the discovery process we will uncover the many necessary questions which need to be asked. Often times it becomes clear that the accident was a result of a defective SUV which caused the rollover. In such cases you will have a product liability cause of action.
Product Liability for Defective SUV Rollover
Product liability are cases which are brought against the manufacturer of the vehicle. A product liability cause of action, essentially asserts that because the vehicle is defective the injuries occurred. The most difficult aspect of a product liability case is proving that a defect existed.
Vehicle manufacturers will often litigate or put up a fight before they pay for injuries sustained. Many times they will deny the claim entirely. This is considered standard operating procedure for most vehicle manufacturers.
In order to show that a defect existed we look through a exhaustive list of records, many of them from the manufacturer. We reference these to any past or similar accidents and also look through company memos or other pertinent information. Upon establishing certain key elements we move forward on the claim.
Our services are offered on a contingency fee basis. This means that unless we are successful we do not charge our clients ANYTHING for our services. If you have been injured in a SUV rollover accident, you are entitled to just compensation for your injuries. Contact our offices today for a free consultation.