Rollover Car Crashes
Rollover car crashes do not happen frequently, but when they do occur, they are often fatal. Although many car accidents are caused by unsafe driving, rollover car crashes are sometimes caused by unsafe roads, vehicles, or even tire failures. Regardless of who was ultimately responsible, a victim may be entitled to damages and should speak to a trustworthy attorney. Matthew Vance is an Albuquerque car accident lawyer who has strong ties to the community. Mr. Vance was born and raised in Santa Fe and lives in New Mexico with his family. He develops a personalized strategy for each client, and he will craft compelling arguments on your behalf to help you seek your desired outcome.Common Causes of Rollover Car Crashes
A rollover car crash occurs when a car tips over and lands on its side or roof. The majority of rollover accidents result from tripping, which is when the tire of a car strikes an object in the road, such as a rock, which changes the forward movement of the car, causing it to tip. Defective cars and defective or improperly maintained tires also can cause rollover accidents. Rollover accidents occur on certain roads more frequently than others, which may mean that the design of the road is unsafe and contributed to the accident. For example, Interstate 25 and U.S. Route 285 are frequent sites of rollover accidents.Potential Defendants in a Rollover Car Crash Lawsuit
If your rollover car crash was caused by a road that was unsafely maintained, your attorney may be able to pursue claims against the party responsible for its maintenance, which is typically a governmental entity. Pursuing claims against a governmental entity can be difficult, since the government is granted immunity from many tort claims. There are exceptions to its immunity, however, such as when harm is caused by a breach of the duty to safely maintain a road. Pursuing such a claim may also require you to provide a tort claims notice to the governmental entity within as soon as 90 days. If notice is not provided, you may lose the ability to pursue any claims against the governmental entity for negligent maintenance.
If you were injured in a rollover car crash that was caused by an unsafe car, you may be able to recover damages from the company that manufactured the car through a product liability claim. As unsafe car can also include defect in the roof design or supports, which although did not cause the original roll over action, can lead to crippling injuries or death. Under New Mexico law, the manufacturer of a defective product may be held strictly liable for harm caused by the product. In other words, an injured person asserting a strict liability claim does not need to prove negligence to be awarded compensation. Instead, he or she must merely show that the product was unreasonably dangerous due to a manufacturing or design defect, it was not modified from the time that it left the manufacturer's control, and the defect caused the accident and the subsequent harm. In many cases, however, a plaintiff in a product liability case will assert a negligence claim in addition to a strict liability claim. Product liability cases are complicated and often require the retention of one or more experts to prove liability.Rollover Crash Cases When the Plaintiff is Partially at Fault
Although liability sometimes may be clear, in cases arising out of rollover accidents, liability may be contested. In other words, if you were injured in a rollover crash, the defendant may argue that you caused the crash, and therefore you should not be awarded damages. Under New Mexico law, however, even if you are found to have been partially at fault for your accident, it will merely reduce the damages that you are awarded, and it will not bar you from recovering damages.Meet with a Dedicated Personal Injury Attorney in Albuquerque
Rollover car crashes often cause devastating injuries and significant financial losses. If you sustained injuries in a rollover car crash, you should meet with an attorney to discuss your rights. Matthew Vance has previous experience handling insurance defense cases, which grants him insight into how the opposition will assess your claims. Mr. Vance’s office is in Albuquerque, and he regularly assists people in car accident cases in Albuquerque, Las Vegas, Santa Fe, Farmington, Taos, Los Alamos, Raton, Silver City, Gallup, Belen, Grants, Rio Rancho, Socorro, Los Lunas, Truth or Consequences, Deming, Clovis, Espanola, Hobbs, Roswell, Carlsbad, Santa Rosa, Tucumcari, Alamogordo, and Bloomfield. Mr. Vance can be contacted through the form online or at (505) 242-6267 to schedule a confidential and free case evaluation.