How is fault assessed in a vehicle rollover lawsuit?

In California, fault is assessed in a vehicle rollover lawsuit using a negligence-based legal standard. This means, the plaintiff (the person suing) must prove that the defendant (the person being sued) owed them a duty of care, that the defendant breached that duty, and that the breach of that duty caused the plaintiff damages or injuries. The defendant must also prove that any damages or injuries were due to the plaintiff’s own conduct, rather than the defendant’s negligence. The plaintiff must show that the defendant was negligent by proving that the defendant failed to take reasonable care to ensure the vehicle’s rollover protection was adequate. For example, the plaintiff might prove that the defendant knew about a safety recall of a vehicle model, but failed to fix the problem in a timely manner. Additionally, a plaintiff might prove that the vehicle was not properly maintained, or that the defendant failed to fix a vehicle that was prone to rolling over. The defendant will try to prove that the plaintiff was negligent by arguing that the plaintiff did not take reasonable steps to avoid the rollover accident. This may include the defendant arguing that the plaintiff failed to use seat belts, or that the plaintiff was driving recklessly or speeding. In determining fault in a vehicle rollover lawsuit, the jury will assess the evidence presented by both parties and weigh the credibility of each party’s testimony in order to make a decision as to who was negligent and to what degree. Ultimately, if proven negligent, the defendant may be liable for damages caused by the vehicle rollover accident.

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How is fault assessed in a vehicle rollover lawsuit?

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