How to Handle an SUV Rollover Accident

SUVs are useful vehicles for transporting kids, camping equipment, work gear, pets, and all sorts of other items. Their size also tends to provide safety benefits, but in some situations, SUVs can roll during a crash, subjecting the occupants to dangerous and painful injuries or even causing a tragic death. 

Car Accident or Defective Product Claim?

In general, taller vehicles are more likely to roll in the event of a collision. SUVs are known to tip over and roll repeatedly when involved in a side-on collision. These incidents have made many government safety agencies question the safety of these vehicles. 

In order to seek damages from an SUV manufacturer, you will probably need to establish a claim under product liability law. Generally, these cases are brought under a theory of strict liability, although a negligence lawsuit may also be considered.  

A strict liability claim involving a motor vehicle is usually based on a manufacturing or design defect. A manufacturing defect is a problem with a specific vehicle or other item, while a design defect is an inherent flaw in the entire model’s design. It is important to note that if the claim is based on a strict liability theory, you do not need to show that the manufacturer actually acted carelessly, which would be required in a negligence claim.

After establishing that a design or manufacturing defect affected your vehicle, you must show that this directly caused your injuries. The injuries must have been a reasonably foreseeable result of the defect. In some cases, an expert witness who specializes in vehicle safety and accident reconstruction will be essential to help explain to the jury why the defect was the cause of the crash. 

Finally, you must submit evidence of your damages, including receipts of medical bills, lost wages, vehicle repairs, and any evidence suggesting lost earning capacity. In the unfortunate event that an occupant of an SUV dies as a result of the collision, Missouri law allows the surviving heirs of the decedent to file a wrongful death claim. This could provide compensation for the loss of a loved one, medical costs, funeral expenses and burial expenses.

Seek Legal Advice for an Auto Accident Claim

If you or someone you love has been harmed in an SUV rollover accident in Columbia or the surrounding area, the experienced motor vehicle collision attorneys at the Law Office of Matt Uhrig can help. Our team proudly serves crash victims throughout Missouri, including in Ashland, Columbia and Jefferson City. When going through such a difficult time, the most important thing is that you have a trusted team around you.