Were You Injured in a Roof Crush Accident? Our Austin, TX Auto Accident Attorneys Can Help
While most people do not expect their vehicles to be indestructible, they do have an expectation that in the event of a collision, the vehicle and its many features will provide a reasonable degree of protection. In fact, many people even select to purchase one vehicle over another based on its safety rating.
Unfortunately, vehicles are not always as safe as they are advertised to be. Indeed, vehicle roofs are sometimes a point of vulnerability, being completely crushed–and resulting in tragic injuries–in the event of a rollover accident. If you have been injured during a crash where the vehicle in which you were traveling also experienced a roof crush, you may have a claim against the at-fault driver and a product liability claim for damages.
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What Is a Roof Crush?
A ‘roof crush’ accident refers to a car accident in which the roof of a car caves in during a rollover accident. This structural defect is a result of either the defective design or defective manufacturer of the roof; well-designed and manufactured vehicles are structurally sound, and will maintain their shape in an accident.
Injuries from a Roof Crush
When the roof of a motor vehicle caves in, there are two primary causes of injury: First, the cave-in can push the vehicle’s windows and doors outwards, resulting in an increased risk of the driver and any passengers being tossed from the vehicle. Second, the roof crush reduces the amount of space in the vehicle, meaning that occupants’ bodies–and most often their heads–are at an increased risk of being impacted by a vehicle part (i.e. the roof). Both of these events can be serious, and occupants of a vehicle involved in a rollover with a defective roof may suffer traumatic brain injuries, crush injuries, spinal cord injuries, amputation and decapitation injuries, broken bone injuries, internal injuries, and other tragic, and sometimes fatal, injury types.
Who’s Liable for a Roof Crush Accident and Injuries?
As stated above, a person who is involved in an auto accident that involves a roof cave-in may be able to file a claim against multiple parties. In addition to a claim against the party responsible for the crash itself, a product liability claim may be brought against the manufacturer, designer, or distributor of the vehicle that claims that the party had a responsibility to design or manufacturer a vehicle that was structurally sound; a defect occurred during the design or manufacture process that resulted in the vehicle being unsafe; or a distributor of the vehicle knew of the defect and yet sold the vehicle regardless; and the defect was the direct cause of the victim’s harm. Strict liability laws may apply, which hold that if a product is unreasonably dangerous and it causes harm, the responsible party (designer/manufacturer) is liable for damages.
If you have been harmed in an accident where a vehicle’s roof caved in, or if you have lost a loved one in this type of tragedy, please call our Austin personal injury lawyers at the office of DC Law for a free consultation. We are skilled product liability attorneys who know how to advocate for our clients’ best interests.