SUV Rollover Accidents
Rollover accidents happen when an SUV hits some sort of obstacle, tips, and rolls over. These vehicles are more likely than some other passenger cars to flip because they have a higher center of gravity and narrow wheel tracks. Often, there is insufficient protection in the SUV to protect against the devastating injuries that happen because of roof crush. In some cases, it may be possible to hold the manufacturer or another driver liable for a rollover. Dallas attorney Nick Feizy can help car accident victims navigate the process of seeking the compensation that they deserve.Pursuing Compensation through a Negligence Claim
Rollovers are relatively rare compared to the many accidents that happen each year. However, they do contribute to a significant number of deaths and serious injuries. It is common for people inside an SUV that has rolled over to suffer injuries involving the head, brain, neck, and spine. Since an overturned vehicle may catch fire, burn injuries may also be sustained.
Sometimes a rollover can be attributed to the design or a defectively manufactured component. SUV manufacturers are sometimes too eager to put a car on the market, and they may neglect to conduct adequate safety tests. If you are injured or a loved one is killed in a rollover, you may be able to recover from a manufacturer under a product liability theory.
There are three product liability theories: strict liability, negligence, and breach of warranty. It is usually necessary to retain experts to investigate what caused the SUV to roll over. You should consult an attorney as soon as possible after the accident so that the attorney can have an expert examine the necessary evidence. As time passes, important evidence may be lost and memories may fade. The expert may look at the airbag, the tires, the restraining systems, and the roof to determine whether there are any design, manufacturing, or marketing defects.
If a defective component caused the rollover, the strict liability standard will likely be used. This standard is easiest for the plaintiff to meet. The plaintiff would need to prove that the defect existed and that the defect caused the injuries. It does not matter in that case whether the manufacturer used reasonable care. Instead, the manufacturer is "strictly liable" for the injury-causing defect.
Some cases are more complex. A rollover may happen not only because of a defective component but also because of the driver's negligence or another party's negligence. In Texas, courts follow a doctrine of modified comparative negligence. The jury will assign percentages of fault to all parties alleged to be at fault. As long as you are less than 51% at fault, you can potentially recover compensation from other parties to the case.
Texas follows a modified joint and several liability rule. If there are two or more defendants, each defendant is responsible only for an amount of the damages equal to that defendant's degree of fault. However, one defendant may be responsible for the full amount of a plaintiff's damages if he or she is determined to be more than 50% responsible for the accident.Seek Guidance from a Dallas Attorney after an Auto Accident
If you have been involved in a rollover accident in the Dallas area, it is important to contact a motor vehicle collision lawyer who works with experienced accident reconstruction experts and understands how to investigate and present a product liability case to a jury. Call Feizy Law Office at (214) 651-8686 or contact us via our online form to set up a free consultation. We also represent accident victims in Irving, Arlington, Fort Worth, Garland, and Plano, among other Texas cities.