How is automobile negligence related to SUV Rollover accident?
Many SUV accidents are single vehicle accidents wherein the SUV loses control on its own accord due to the instability of the SYV’s design. However sometimes, an SUV Rollover can be the result of an accident caused by another driver’s negligence. In those cases, there can be liability found on both the negligent driver and the manufacturer of the defective SUV. Florida allows for apportionment of fault for the purpose of assigning liability and awarding damages.
What is apportionment of fault? Often times fault in an accident can be found on multiple parties. In the case of an accident in which a negligent driver causes the accident, and the vehicle rolls over, the injured party can bring claims against both the at-fault driver, under a theory of automobile negligence, and against the manufacturer under a products liability theory. In the event of a jury trial, a jury will be advised that they may assign a percentage of fault to any defendant depending on their contribution to a plaintiff’s injuries. This percentage is also used to compute damages. For example, if a plaintiff is awarded $100,000 in total damages and a negligent driver is found to be 25% at fault, while a manufacturer is found to be 75% at fault, the plaintiff will be awarded $25,000 and $75,000 respectively.
How do I know if I have both a claim against a negligent driver and a SUV manufacturer? Call the law office of Dan Newlin & Partners at (407) 888-8000: As you can see, cases involving both a negligent driver and a potentially defective SUV involve many complicated legal issues. It is important that you understand all of your available options in pursuing a claim for your injuries. It has always been our goal to keep clients fully informed at all major intervals of their case and ensure that they are actively involved in the legal process. Our partners feel strongly that a well-informed client is in the best position to make decisions concerning their case. Please call or contact us today for free legal advice concerning any potential claim you may have.