The bottom of a gray SUV having rolled over during a wreck with an ambulance in the background.

Cause of Car Accident Unknown

Three people were injured recently in a car accident in Cobb County, according to WSB-TV 2 in Atlanta. No other cars were involved. Because the woman was in critical condition after the accident, police are not yet sure why she veered off the road. The Atlanta Journal-Constitution reports that she was later declared dead from her injuries at Wellstar Kennestone Hospital. Witnesses at the scene believe that the driver was trying to avoid an obstacle, but could not say for sure what that might have been. She apparently veered left and then overcorrected, which led to the vehicle tipping to the left. When it met the grassy median, it rolled sideways several times before coming to rest. The other two passengers, the driver’s 19-month-old child and a man from Marietta, were injured but stable.

Ford Explorer Rollover Defects

The Ford Explorer model of car has a long history of stability problems, leading to a reputation for rollover accidents, as discussed by PBS Frontline. Although a federal investigation into the safety of the vehicle’s design discounted defects, as The Washington Post explains, internal documents at Ford may show that the company was aware of design defects with the suspension and roof that could make the vehicle lethal in common rollover scenarios, like a tire blowout.

Georgia Products Liability Law

When car accidents occur for mysterious reasons and result in all-too-familiar handling or mechanical failures, it may be the fault of the manufacturer. Section 51-1-11 of the Georgia Code provides the legal basis for product liability lawsuits. That law states that the manufacturer of a defective product can be liable for injuries to a consumer, even if the consumer purchased the product through a dealer. Also, the defect of the vehicle needs to be the cause of the injuries.

Lawsuits for Rollover Defects

Because of the Ford Explorer’s long history of design defects that lead to rollovers, it’s possible that an accident like the one this past week could form the basis for a products liability lawsuit against the manufacturer. It would be necessary to show that it was a problem with the design or manufacturer of the car, and not some other factor, that led to the accident or made the injuries worse. For example, if it was the design of the road or the behavior of the driver that caused the SUV to flip over and eject the driver, this might prevent a product liabilities lawsuit from succeeding.

Injured by a Defective Product?

If you’ve been the victim of a car defect or other defective product, you need expert legal advice. Contact a products liability attorney today at Williams Elleby Howard & Easter in Cobb County.

Recommended Posts