Many catastrophic injuries and fatalities are results of vehicle rollovers. Some SUVs and trucks have a higher center of gravity or design issues that render them prone to rollovers. Cars that are lower to the road and have a low center of gravity are less likely to roll. If you were injured or a loved one was killed in a vehicle rollover, you should discuss your situation with the Atlanta car accident lawyers at Van Sant Law.Vehicle Rollovers
When a vehicle rolls over, people inside may sustain catastrophic injuries even if they have their seatbelts on. They may suffer traumatic brain injury, spinal cord damage, crushing, and neck injuries. Roof collapse while the vehicle is turned over can result in further injuries or death.
Vehicle rollovers often happen when a vehicle must swerve or make a sudden turn. In some cases, a vehicle rollover is a result of a design flaw. Some vehicles are prone to rollovers even when driving conditions are ordinary. When a vehicle does roll over, and those inside are injured, they may be able to recover compensation through a lawsuit.Product Liability
If you were injured in a vehicle rollover that was a result of a design, manufacturing, or marketing defect, you may be able to recover damages in a product liability lawsuit. To establish a product defect, your attorney will need to consult experts and understand the complicated state and federal laws that govern product safety.
You can establish a product liability lawsuit under a theory of strict liability, negligence, or breach of warranty. Under Georgia law, a product manufacturer can be held strictly liable for injuries that occur because of a defect in an SUV or truck that causes a vehicle rollover. The manufacturer may be responsible even if it acted within the standard of care and did not know that the product was defective. Strict liability claims may be pursued when the design of the vehicle that rolled over was flawed. However, even when the design is safe, a vehicle may be manufactured incorrectly, using improper assembly or faulty components. Product manufacturers must also warn of potential dangers and risks associated with the product.
In some cases, it may be appropriate to pursue damages under a theory of negligence. Damages could be pursued under this theory from manufacturers, sellers, distributors, or retailers. To establish a claim against the manufacturer or seller based on negligence, you will need to show that the defendant owed a duty of care, there was a breach of the duty of care by the manufacturer or seller in connection with providing a reasonably safe product, and the failure to provide a reasonably safe product caused injuries and damages.
It may be appropriate to pursue a breach of warranty claim against the manufacturer or seller of the vehicle that rolled over. Explicit warranties are those made by manufacturers or sellers that a vehicle will work a specific way. However, many sales are also covered by an implied warranty that products are merchantable when they are sold, meaning that they are fit for the ordinary purpose for which they are used.Negligent Drivers
If you were injured in a vehicle rollover, it is important to obtain representation from an attorney who understands when it is appropriate to do accident reconstruction and which experts can credibly present opinions. In some cases, a rollover is a result of a negligent driver. Both drivers and passengers injured in a rollover can file a lawsuit under a theory of negligence against the person or entity responsible for it.Damages
After we establish liability, we will need to prove and establish your damages. Damages that may be established include medical bills, lost income, repair costs, and pain and suffering. When a rollover accident is deadly, the decedent's loved ones may be able to recover damages in a wrongful death lawsuit.Retain a Car Accident Lawyer in Atlanta
If you were injured in a vehicle rollover caused by someone else, you should talk to the seasoned personal injury attorneys at Van Sant Law. As an adapting and safety-conscious law firm, we can sign you up electronically without face-to-face interactions if needed, but we can also visit you in your home. We represent clients throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at 855-GA-INJURY or complete our online form.