What are the criteria to make a successful vehicle rollover claim?
In order to make a successful vehicle rollover claim in Arizona, there are several criteria that need to be met. First, the victim needs to prove that the vehicle was at least partially responsible for the accident. This means that the victim must demonstrate that the vehicle had some sort of defect or design flaw which contributed to the rollover. Additionally, the victim must provide evidence that the defendant had prior knowledge of the issue, but failed to take action to address it. Second, the victim must show that their injuries were a direct result of the rollover. This means that the victim must provide evidence that the injuries they suffered were solely caused by the rollover and not any other circumstances. Third, the victim must provide evidence of economic and non-economic damages. Economic damages are those that directly cost money, such as lost wages, medical bills, vehicle repairs and other expenses. Non-economic damages are intangible losses such as pain and suffering, emotional distress, and loss of consortium. Finally, the victim must provide evidence that the defendant’s negligence was the direct and proximate cause of the accident. This means that the defendant must have had a reasonable duty of care to the victim that they failed to provide. This criterion is often the most difficult to prove, though if the victim can demonstrate sufficient evidence, they may be able to collect damages.
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