What laws apply to vehicle rollover cases?
In Kansas, several laws apply to vehicle rollover cases. According to Kansas State Statute 8-1611, any driver operating a vehicle in Kansas is responsible for ensuring the vehicle is in safe working order and free of any defects that may lead to mechanical failure or cause the vehicle to rollover. The Kansas Department of Transportation (KDOT) also provides instruction on the proper loading and securement of cargo inside a vehicle. KDOT guidelines recommend evenly distributing the cargo load and not stacking it too high. Vehicles should be loaded in accordance with the manufacturer’s weight ratings. Additionally, the Kansas Supreme Court has ruled that property owners can be held liable for vehicle rollover accidents due to unsafe or poorly maintained roads. For instance, if a rollover accident was caused by a pot-hole or other defect in the road, the property owner could be liable for the resulting damages. Lastly, the state of Kansas has a law known as the “Dram Shop Act.” This law states that a bar, restaurant, or other establishment that serves alcohol can be held liable for the injuries and damages resulting from a drunk driving accident, including those involving a vehicle rollover. Thus, in Kansas, the laws governing vehicle rollover cases include those pertaining to vehicle maintenance and cargo loading, property owners’ liability, and the Dram Shop Act. Any driver, property owner, or alcohol-serving establishment found to be in violation of these laws could be held liable for any damages resulting from a vehicle rollover.
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