Who is at Fault?

The challenge in an SUV case is to prove that an everyday driving maneuver (which would not cause a car to roll if in the same situation) was responsible for an SUV rollover. It is also just as important to prove that the roof was not designed to protect the occupants if the vehicle were to be involved in this type of accident. The manufacturer will argue that the person involved in the accident is responsible because the vehicle was put in a compromising position. In this case, the defense will argue that the accident occurred because of issues unrelated to the design of the vehicle, such as erratic driving or improper loading.

What must be understood is that a good design would enable the vehicle to slide out of a "loss-of-control episode", rather than tip. In most rollover cases, there are many other variables that need to be considered, including inadequate rollover protection and defective equipment. Roof crushes and seat belt failures commonly follow rollover accidents, and are responsible for catastrophic injuries or even death.

TIP: Good quality photos should be taken of the roadway immediately after the accident to preserve scrapes and tire markings. Both distance and close-up photographs should be taken to show the scene of the accident.

If you have been involved in an SUV rollover accident or would like more information about something you have read here, please contact us at 800-966-4999 to speak to one of our qualified lawyers.

Schwartzapfel Partners

With over 150 years of combined experience and highly competent co-counsel throughout the country, we can serve all your legal needs. Schwartzapfel Partners protects the rights of those who aren't able to do so themselves. Learn More

Gender: Male Female

In what state did the incident occur?

Schwartzapfel Truhowsky Marcus
Sachs P.C. disclaimer.