When you are faced with the aftermath of a vehicle rollover accident, working closely with an attorney who will explain your rights and options can help you make decisions that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced personal injury attorney.
Learn More About Vehicle Rollovers
If you have been injured in a vehicle rollover accident, we can help you seek compensation for your medical bills, lost wages and other hardships. At Elliott & Smith, P.A., we have 50 years of combined legal experience in handling car and truck accident claims for people throughout Arkansas.
To learn more about vehicle rollover accidents, please review the general information below and visit our car accidents page. To schedule a free initial consultation with one of our car accident lawyers, contact us online or by phone at 479-JUSTICE (587-8423) today.
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At Elliott & Smith, P.A., we handle vehicle rollover injury suits on behalf of plaintiffs in the state of Arkansas. With 50 years of combined legal experience handling complex car and truck accident cases, our attorneys are fully equipped to seek maximum compensation for your injuries and financial suffering.
At Elliott & Smith, P.A., we help people from Fayetteville, and throughout Arkansas with car and truck rollover suits. We focus solely on personal injury claims and are fully equipped to seek full and fair compensation for the hardships you are facing.
Manufacturer Defenses in Rollover Litigation
The sport utility vehicle (SUV) has become extraordinarily popular in the US. While SUVs are powerful and spacious, they are not as safe as they appear. Their high centers of gravity and narrow track width can make them prone to tipping. With millions of SUVs on American roads, their manufacturers vigorously defend themselves against lawsuits brought by injured drivers and passengers. If you believe that you have a case against an SUV or car manufacturer, contact an attorney from Elliott & Smith, P.A. in Fayetteville, Arkansas, who can advise you of your rights.
The plaintiff in the vehicle defect case will likely claim that the vehicle was defectively designed, making it either prone to accidents or more likely to cause injury in the event of an accident. The manufacturer has numerous defenses at its disposal, but these defenses may be countered with the proper evidence, expert testimony and legal research.
Driver Error
Defendant manufacturers often will argue in rollover litigation that driver error, rather than a problem with the design of the vehicle, caused the accident. Rollovers can occur when a driver suddenly swerves to avoid something in the road and then corrects the path of the vehicle.
Product defect cases are tried on a strict liability basis; this means that the negligence of the driver is not relevant to the case. Evidence of the driver's actions, however, can still be introduced if it shows what might have caused the accident. So if a driver swerved into another lane because he was drowsy, the evidence of the swerve can only be introduced to show why the accident might have occurred, not to show that he was a bad driver.
Tripping vs. Tipping
When a vehicle rolls over, it is for one of two reasons. A vehicle may be "tripped" by a rut alongside the road, debris on the pavement or a pothole. This type of accident can cause numerous types of vehicles, of varying stability, to roll.
Tipping, on the other hand, can occur simply when the vehicle was driving across an unblemished pavement. Ideally the vehicle should, at most, skid or slide across the pavement when it is involved in an emergency steering maneuver. Some vehicles, however, have a propensity to tip instead, beginning the highly dangerous rollover.
Non-Defective Vehicle
The defense may also argue that the vehicle in question was designed in a reasonably safe manner. Plaintiffs can counter this by showing the statistics surrounding the vehicle, especially as they relate to similar vehicles; the manufacturer's internal documents regarding the safety tests on the vehicle in question; and the plaintiff's own tests on the vehicle, testing the safety of the model or the damage to the vehicle involved in the accident.
Contact an Attorney
An experienced lawyer can assist you in pursuing your claim. Contact an attorney from Elliott & Smith, P.A. in Fayetteville, Arkansas, to discuss your legal strategy.
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