Car Accident Law Laredo – Defective Car Parts

Practice Areas: Automobile Accidents, Rollovers, and Defective Seatbelts, Motorcycle, Railroad and Trucking/Big Rig Accidents, Bicycle Accidents, Boating/Personal Water Craft Accidents, Dog Bites/Animal Attacks, Malfunctioning Equipment, Medical Devices, or Consumer Goods, Product Liability, Premises Accidents, Work-Related Accidents & Injuries, Insurance Bad Faith Disputes, Uninsured/Under-insured Claims, Accidents or Injuries as a Result of Unsafe Premises, Brain & Head Injury Cases, Auto accidents involving a drunk driver, Construction Accidents, Food Contamination Claims, Wrongful Death, including death caused by automobile, train, boat, planes, tobacco, chemicals, construction accidents, medical negligence, etc. More on this website

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ROLLOVER AND DEFECTIVE SEATBELT LAWYER

Every day in the United States there are hundreds of SUVs, vans & light truck rollovers. Oftentimes these rollovers are caused wholly or in part by tire failures, tire tread defects (de-treading or delamination), poor stability design, poorly designed suspension system, and inadequate brakes. Once the rollover occurs, the occupants face additional dangers from weak roof supports that crush or collapse, weak seatbacks that fail, the lack of headrest or head restraint devices, overly aggressive airbags, defective or poor fitting seat belts, dangerous lap-only belts, seat belt buckles that open during crashes and finally window glass/windshields that allow passengers to be ejected during the rollover.

Most sports utility vehicles by their very nature have a high center of gravity and are therefore as a group, the most unstable vehicles on the road. Although SUVs are designed to be driven off the road, very few have roll bars, roll cages, or other roof crushes or occupant protection. And to make matters worse, few SUVs, vans, or trucks meet the National Highway Traffic and Safety Administration (NHTSA) roof support safety standard (FMVSS # 216). Most rollover accidents occur when the driver is forced to take an emergency or evasive action after steering in one direction and then rapidly correcting in the opposite direction, such as a typical avoidance maneuver with a road hazard, a deer, a dog, pothole, or another vehicle in their path. This evasive action often results in a rollover. Adding insult to injury, the driver is likely to be cited by the investigating officer for such violations as failure to control speed, overcorrection, faulty evasive action, and many others. The truth of the matter is that most rollovers occur because of the absence of a lower center of gravity and lack of a wider track width like in passenger vehicles. In most rollovers, the fault can be squarely placed on the manufacturers for a negligent vehicle design and not on the unsuspecting drivers of these vehicles.

During a rollover of an SUV, van, or truck, the roof pillars, front roof header, and side roof rails often collapse and invade the occupant’s safety zone. When this happens the roof is pushed into or forced into the occupant, resulting in neck fractures that can render the passenger or driver a paraplegic, quadriplegic or brain-damaged, or even worst dead. These injuries result from shear and flexion forces on the neck and spinal cord of the occupants. Roof crush injuries are caused by the energy of the vehicle in a roll creating compressive forces pushing down on the top of the skull when the head is in an upright position. The compression causes a bursting fracture in the C4 to C7 of the cervical spine. This bursting fracture causes a loss of intravertebral space both anterior and posterior. Diving-type injuries can occur from defective seatbelts allowing too much slack and body movement, resulting in the occupant diving into the roof during the rollover. Often it can be proved by biomechanical experts that most of the spinal damage occurs from the roof crushing versus the occupant diving into the roof. Similar neck, head & spinal injuries can also result when the rollover occupant is thrown or ejected from the vehicle during the roll. Even in low-speed rollovers, the energy that is absorbed by the person ejected during the impact with the pavement or ground is deadly.

It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right attorney is an important decision. You should choose someone who is experienced, aggressive, and dedicated to working to get fair compensation for your injuries. Over the past decade, we have successfully handled thousands of injury and death cases caused by dangerous and/or defective products. That is why you should contact our Law Office.

IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.

PLEASE CALL US TOLL-FREE TO SCHEDULE A FREE CONSULTATION.

What is liability?

There are two elements to every personal injury case that must be determined-damages and liability. Damages have to do with the degree of the loss or injury, including physical injury and disability, emotional distress, pain and suffering, loss of wages, and other expenses. Monetary compensation is awarded to the injured party in this regard. There may also be punitive damages awarded for the reprehensible actions of the party that caused the injuries

Liability has to do with the establishment of proof showing that the defendant is responsible for the injuries of the plaintiff. The bottom line is an individual cannot bring suit for damages if they are not able to establish who is responsible for the injuries they have received. In order for a plaintiff to win their case, they must prove that the defendant was legally liable to act in a particular manner (or not act), and failed to act in that way and that the plaintiff’s injuries occurred because of this “breach of conduct”. Proving liability in a personal injury claim or a lawsuit is crucial to winning your case and obtaining a positive settlement offer. More here on this website

Types of Liability

Liability is a broad area. There are different types of liability, and many different criteria for determining liability, depending on the type of accident or negligence involved. The criteria for establishing liability in a car or motorcycle accident would be different than for a slip and fall accident, premises liability, product liability, or medical malpractice case. See this website

Strict liability means that just the fact that the product caused harm is enough to file a lawsuit, and negligence does not have to be proved. It applies when inherently hazardous activities are engaged in such as keeping wild animals in a circus. It also may apply in product liability cases, where is it enough to prove that a product was defective.

Comparative liability involves the determination of what portion of liability an individual may have that contributed to a person’s injuries. This may also include the person himself. An example would be if a driver runs a stop sign and hits another car and injures the driver, but the driver of that car was talking on a cell phone at the time. The injured driver may also be partly responsible for their own injuries and bears some liability for the accident.