How is fault assessed in a vehicle rollover lawsuit?

In Arizona, fault is assessed in a vehicle rollover lawsuit based on negligence, or failure to exercise reasonable care and caution. This means that for a plaintiff to be successful in a legal action, they must prove that the defendant was negligent. The plaintiff must demonstrate that the defendant had a duty of care to the plaintiff and that the defendant failed to fulfill this duty. They must then show that the defendant’s actions, or lack thereof, caused the accident to occur and that the plaintiff suffered an injury or loss. It is important to note that the plaintiff may not be able to recover damages if their own negligence contributed to the incident. For example, if they were not wearing a seat belt or were driving recklessly, they may be held partially or fully responsible for the rollover accident. Similarly, if the driver of the vehicle was speeding or had consumed alcohol, they may be held accountable for the incident. The defendant’s insurer must also demonstrate that the plaintiff did not do their part to prevent or avoid the rollover accident. They must prove that the plaintiff was aware of the risks and should have taken preventative measures. For instance, if the plaintiff had adequate warnings about the dangerous conditions, they should have avoided the danger. Ultimately, fault will depend on the specific facts and circumstances of the case and a determination of the amount of fault attributable to the defendant and the plaintiff.

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How is fault assessed in a vehicle rollover lawsuit?

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