| Every year, tens of thousands car rollover accidents | | | | and other vehicles focus on two design defect |
| happen in California highways. Most of these rollover | | | | theories: |
| accidents involved cars and sports utility vehicles | | | | 1. Vehicle Instability - Most rollover accident victims |
| (SUVs), which are known to be prone to accidents | | | | complain the unstable condition of their vehicle when |
| of this kind. Experts say however that rollover | | | | making sudden turns in the highway. This resulted in |
| accidents are due to manufacturing defects in some | | | | rollover accidents, which motorists say is a |
| vehicles. | | | | manufacturing defect. Testing revealed that the |
| The National Highway Traffic Safety Administration | | | | height of the car make it slid sideways during a |
| reported that in most car rollover incidents, 62% | | | | sudden turn. |
| result in death involving sports utility vehicles. | | | | 2. Crashworthiness - Some courts have held the |
| According to the agency, rollover accidents happen | | | | SUVs' instability is due to an external trip mechanism. |
| when the vehicles tripped or when a vehicle leaves | | | | This feature makes car manufacturers liable under |
| the roadway and slides sideways, digging its tires into | | | | the crashworthiness doctrine. The doctrine is a |
| soft soil or striking an object such as a curb or | | | | theory of recovery in which the manufacturers of a |
| guardrail. The high tripping force applied to the tires in | | | | product can be held liable for the defective design. |
| these situations can cause the vehicle to roll over. | | | | However, liability in motor vehicle defect cases is |
| Generally, rollover litigation against car manufacturers | | | | controlled by the doctrine of strict liability. If strict |
| is based on product liability law. Hence, the rules of | | | | liability applies, the victim does not need to prove |
| recovery in rollover litigation are different than in | | | | that the manufacturer was negligent, but only that |
| ordinary car accident. | | | | the product is defective. Eliminating the issue of the |
| Rules of Recovery in Roll over Litigation | | | | manufacturer's strict liability allows victims to pursue |
| Different rules apply for recovery in rollover litigation. | | | | their claim under the concept of "no fault" liability. |
| Unlike in most personal injury cases where negligence | | | | Pursuing A Claim |
| is the underlying principle, rollover litigation is based | | | | Most rollover litigation focus on these two design |
| mainly on product liability law, which focuses more on | | | | theories and victims may use the product liability law |
| the technical and scientific aspects of the case. | | | | to pursue their claim. The need for skilled legal |
| These rules were created as a matter of social policy | | | | representation is needed in pursuing a claim in car |
| as agreed upon by the manufacturers and the car | | | | rollover accidents. The amount of technical and |
| users. Between innocent victims who suffer harm | | | | scientific evidence would require the experience and |
| from defective products and the manufacturers, | | | | expertise of a good accident lawyer. |
| distributors and sellers of such products, the product | | | | An accident lawyer specializing in car rollover cases |
| suppliers are in a better position to insure against | | | | will help you pursue your claim and obtain the |
| such losses. | | | | maximum recovery for your injury and damages. |
| Most rollover litigation against manufacturers of SUVs | | | | |