SUV Rollover Accidents
SUVs are an incredibly common type of vehicle, but they are also notorious for being involved in rollover accidents. Despite this threat, many people still choose SUVs as their primary mode of transportation for everything from their daily commute to weekend adventures. If you were involved in a rollover accident in an SUV, there are different ways that you may be able to recoup compensation for the injuries and damages that you sustained. Some of the applicable theories recovery, such as products liability, are complex. This makes it wise to have an experienced Massachusetts car accident lawyer assisting you with every aspect of your claim, from investigation to trial. Our firm provides compassionate and thorough legal guidance to accident victims throughout the state, and is available to assist you with seeking the compensation that you may be entitled to.SUV Rollover Accidents
Sports utility vehicles and trucks represented nearly two-thirds of all vehicle sales during 2016, underscoring their popularity with American motorists. Sadly, there are between 8,000 to 11,000 deaths attributed to rollover accidents every year, with most being attributed to SUVs. A number of SUV rollover accidents are attributed to driver errors, such as making erratic turns or speeding in unsafe conditions. SUVs are larger vehicles that are more difficult to drive than small passenger vehicles, which means that someone should have experience operating them before deciding to purchase one.
In some instances, however, SUVs are designed in an unsafe manner. Early studies on SUVs after they became popular in the 1980s showed that many of them are top-heavy and more prone to rolling than other cars like station wagons or minivans. Although there have been some attempts in the automotive industry to address this issue, it still happens. There have been countless SUV recalls in recent years for everything from headlights to faulty brakes.Product Liability Claims in Massachusetts
SUV rollover cases are often asserted as product liability actions, which is considered a strict liability claim. This means that the plaintiff does not have to show that the defendant acted in a negligent manner. Within the realm of product liability claims, there are there different ways under Massachusetts law that a plaintiff can establish a defendant’s liability. A skilled injury lawyer can help you determine which arguments apply in your case.
Under the design defect theory of a product liability claim, the plaintiff must show that the manufacturer chose an unreasonably dangerous design. There are several factors that will be considered here, including the likelihood that the design would lead to harm, the feasibility of choosing a safer alternative design, the cost of the improved design, and the adverse consequences that may occur for the product and the consumer due to an alternative design.
Under the manufacturing approach, the plaintiff must show that the product was not manufactured in the way that the design intended, or that there was a mistake in the manufacturing process that resulted in an unreasonably dangerous product. Here, the plaintiff will need to show that the product that he or she received deviated from the intended design of the product. This often involves seeking documents from the company’s quality control department and proving that the defect occurred during the manufacturing process and did not result from some incident after the product was purchased.
Finally, the failure to warn theory of product liability requires the plaintiff to show that the manufacturer failed to provide sufficient warnings about how to use the product safely or the dangers that it poses.
Most causes of action that can be asserted in an SUV rollover case entitle a successful plaintiff to receive compensation for things like past and future medical bills, lost wages, reduced earning capacity, diminished quality of life, pain and suffering, and more.Car Accident Lawyer for Massachusetts Area Residents
One of the most terrifying things that can happen to a Massachusetts driver is a rollover accident. These can result in serious injuries, permanent disabilities, and even death. If you take legal action, it is advisable to make sure that you are represented by an attorney with experience in this field of law, and who can help you assert every possible claim. We are available to serve clients in areas around Boston, Cambridge, Lowell, Newton, Quincy, Waltham, Dedham, Norwood, Somerville, Brookline, and Peabody. To schedule your free consultation, call us at 1-800-262-9200 or contact us online.