Many people enjoy driving with the top down in convertibles. In recent years, convertibles have been increasingly safe. There is, however, a greater rate of deaths suffered by drivers of convertibles as a result of rollover crashes, but even this death rate has dropped due to safety features like roll bars, electronic stability control, and side airbags. Added weight has made convertibles crashworthier. If you are injured or a loved one is killed in a convertible accident, you should consult an experienced Los Angeles car accident lawyer. At Sharifi Firm, we may be able to help you recover damages.Taking Legal Action After a Convertible Accident
Convertibles have had higher levels of safety in recent years, such that rollovers are rare. However, they are still possible, and the injuries that may result in a rollover crash may be tremendous. There is still a small risk in not having a fixed hard roof. If you are injured in a convertible accident, you may be able to bring a claim if another driver's negligence caused the accident or rollover. You will need to establish that the other driver failed to drive safely and that this was the cause of your injuries.
However, your damages may be reduced under the doctrine of comparative negligence. If the defendant raises comparative fault, the jury will determine the total damages, assign percentages of fault to the parties, and then reduce what you recover from the defendant by your percentage of fault. For example, if you were not wearing a seatbelt in a convertible, and you suffered a traumatic brain injury during a rollover or another accident, the defendant might argue that your comparative fault was a contributing cause to your traumatic brain injury. If the total damages are $1 million, and you are found 30% at fault for not wearing a seatbelt, you probably will be able to recover $700,000 from the driver who caused the crash.
You may also have a basis for a product liability claim. For example, if you were belted into the convertible, but the seatbelt was defective and failed to protect you as it should have in a crash, you may have a basis under which to claim damages from the seatbelt manufacturer.
Damages that you may be able to recover after suffering injuries in a convertible accident in California include both special damages, such as medical bills, and general damages, such as pain and suffering. If your loved one was killed in a convertible rollover, you may be able to bring a wrongful death claim to recover damages like reasonable funeral and burial expenses, lost income, loss of the value of household services, and loss of love and affection.Seek Guidance from a Los Angeles Lawyer
At Sharifi Firm, APC, our experienced motor vehicle collision attorneys may be able to help you seek compensation if you were injured in a convertible accident. We understand that it is necessary to take a proactive and aggressive approach to gathering and preserving evidence to try to hold any responsible parties liable so that you can recover the full amount to which you may be entitled. Contact us online or call us at 1-866-422-7222 to set up a free appointment. Our Los Angeles attorneys also represents victims in Temecula, Riverside, Rancho Cucamonga, Glendale, Covina, and San Bernardino, among other Southern California cities.