How is fault assessed in a vehicle rollover lawsuit?

When assessing fault in a vehicle rollover lawsuit in West Virginia, liability will depend on the circumstances of the incident. Both the driver and the manufacturer of the vehicle may be found liable in a court of law. If the vehicle was being driven in a negligent manner, such as speeding or driving through unsafe weather conditions, then the driver may be held legally responsible for the damages. This includes failing to properly maintain their vehicle as it relates to its tires, brakes, and other safety components. If the incident was caused by a design flaw or other manufacturing issue, then the manufacturer may be held liable. For example, if the vehicle had a faulty roll bar, safety belt, or airbag that failed during the rollover, then the manufacturer may be subject to a lawsuit. In West Virginia, the courts may also determine that the vehicle’s occupants were partially at fault if they were not wearing a seat belt, or if their actions disregarded safety precautions. In these cases, the court may apportion damages accordingly. Ultimately, fault will be assessed based upon the individual facts of the case, and the court will decide who is legally responsible for the rollover incident. If you have been involved in a rollover crash, it is important to consult with a qualified attorney to determine the best course of action.

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