Rollover accidents are among the most deadly types of car crashes. They can happen for many different reasons, including reckless driving, speeding, or a vehicle defect. Since they have a high center of gravity, SUVs are particularly susceptible to this type of accident. Usually, many different factors must be considered when determining who or what was to blame for a rollover crash. It may be necessary to retain experts to determine the cause of the accident, particularly when more than one car is involved. If you have been hurt or lost a loved one in the Ocala area due to someone else’s negligence, you can consult an experienced car accident attorney at the Dean Law Firm to seek the full spectrum of your damages.Seeking Compensation after a Rollover Accident
Liability for a rollover accident depends on who or what caused it. Sometimes it is caused by dangerous driving practices. A passenger who is injured while riding in a vehicle that rolls over may have grounds to sue the driver of the vehicle that rolled, or another person or entity for negligence. To prove negligence, the accident victim will need to show duty, breach of duty, causation, and damages.
Florida is a comparative negligence state. This means that a victim’s damages may be reduced by his or her proportion of fault for the accident. Fault is apportioned among all parties responsible for the accident, and each party may be responsible for paying damages up to his or her proportion of fault. For example, a construction company might fail to post warning signs for a patch of road with an uneven surface, and a car might swerve because of it, requiring the plaintiff's vehicle to also swerve and thus roll over. Both the construction company and the original driver may be found partially at fault. Under comparative negligence principles, if the victim’s damages are $200,000 and each is found 50 percent responsible by a jury, each will be responsible for paying $100,000 to the victim.
However, if the reason for the rollover is a vehicle defect, a victim may be able to sue the car maker, rather than the other driver, for a manufacturing or design defect. Manufacturing defects are deviations from the blueprint that occur during assembly of the vehicle. Manufacturers have strict liability for manufacturing defects. A crash victim need only prove that there was a manufacturing defect and that it caused an accident, resulting in injuries and damages. Strict liability is imposed under the rationale that the entities responsible for selling and distributing defective products should bear the financial burden of harm caused by the defects even when they could not be detected prior to an accident.
When there is a design defect, there is a flaw in the design that affects all or many vehicles made from a particular blueprint. An individual suing a manufacturer for design defects will need to show that the product's risk outweighs its utility and also that there was an alternative feasible design at the time of manufacturing that the manufacturer should have used.Discuss Your Motor Vehicle Collision with an Ocala Attorney
At the Dean Law Firm, our lawyers represent people who suffer serious injuries in motor vehicle collisions near Ocala and elsewhere in Florida, including Crystal River and the Villages. Our attorneys are aggressive advocates with trial experience. If negotiations with the insurer for the other driver do not result in a favorable settlement, we can try your case to a jury. Call us at 352-387-8700 or contact us via our online form. We have represented individuals from throughout Marion, Citrus, Lake, Levy, and Sumter Counties.