Because Rollover Accidents Can Cause Very Serious Injuries, You Will be Facing a Litany of Defense Arguments
When you are involved in a rollover accident, the injuries you suffer can be incredibly severe both internally and externally. These injuries can keep you out of work for weeks, months, even years, depending on the specific circumstances of your accident. If you or a loved one was in a vehicular accident involving a rollover, you may be able to recover a substantial sum of money to compensate you for the emotional trauma and/or physical ailments you suffered in the aftermath. In the same way that there are attorneys that specialize in fighting these types of cases on your behalf, there are also attorneys that specialize in defending them. In other words, they are skilled and trained to use legal mechanisms to ensure that you do not receive a dime for any loss that you incurred from a rollover accident. It is for this very reason that you need experienced Texas attorneys on your side that can anticipate any defense that they might conjure up, and prepare a better argument that they cannot defeat. This article will discuss the various ways in which defense lawyers specializing in rollover defense may attack your claim, and how a seasoned attorney can build an impenetrable case for you that will be immune from these defenses.
What Kind of Claims are Available for Injuries in Rollovers?
A common theory of recovery for a party injured in a rollover accident is based on products liability. In essence, you are claiming that your injury was caused by a defect that was unreasonably dangerous on either your vehicle or a vehicle involved in the accident. The elements that must be proved in this type of a claim are tough and come with a very high standard of proof. As you can imagine, if you are claiming that a product malfunctioned on the vehicle, you are probably going to be filing a lawsuit against a major corporation.
For example, if your tires blew out through no fault of your own you may be filing a products liability action against Bridgestone tires or a similar company. When suing large companies like that, you have to be aware that they have deep pockets and have a number of assets that make them financially lucrative organizations. Consequentially, they have the money to hire top attorneys to show their products are not proven to be faulty, regardless of whether that is accurate. These companies have a reputation in the community that they need to maintain to keep their product sales up, so they will do everything in their power to make sure you do not recover, at any cost. As stated earlier, a products liability claim is a tricky animal, but it is not an impossible feat with the right legal representation.
What are Some Possible Defenses that may be Used Against My Claim?
To illustrate the defenses that may be used against your rollover lawsuit, we will use the tire blowout example from earlier because blowouts commonly cause vehicles (particularly SUVs) to roll over. If you are trying to recover on a products liability claim for a defect in a tire, the attorney representing the tire company will have several valid defenses at his disposal. Naturally, one of the most common will be that the car rolled over because of your poor driving skills or negligence, not because of a manufacturing defect. Another common argument placing the fault on you as operator of the vehicle is that you did not maintain your tires properly, and if you had this never would have occurred. Secondly, he/she may claim that the tire blew out because of impact damage, which basically means that in the time prior to the accident the tire had suffered damage from hitting potholes and other road hazards that caused it to blow out eventually. A strong argument in your favor would center on the notion that this impact is foreseeable and tire manufacturers should produce highly durable tires that will not blow out from normal wear and tear. This is usually done by using expert witness testimony, which is crucial in the success of your case in rollover lawsuits.
Remember that these are only a few of the defenses that may be used against your claim, but they provide a glimpse of what may occur when trying to recover for your loss. These few examples are incentive enough to obtain the very best legal representation, as your case will be argued against the very best. You need to build the strongest case possible and the Texas attorneys at Grossman Law Offices are prepared to do just that. To discuss the particulars of your case and possible theories of recovery contact us at (855) 326-0000.