A vehicle rollaway accident is when a car rolls into traffic or onto someone else’s property, perhaps causing injury or damage. Vehicle rollaway accidents happen when the parking brake or other parts of a motor vehicle’s parking system fail. Some accidents occur due to shifting a car’s transmission into neutral without having the parking brake applied or when the vehicle is actually in first gear, but the driver is distracted, and their foot is not on the brake.
Another possible reason is that the driver or owner of the car has children who are left unattended and can do something as simple as moving the car’s transmission out of gear.
Some common examples of the types of incidents that vehicle rollaway accidents can lead to include:
- Colliding with moving or parked motor vehicles
- Injuring the occupants of the vehicle that got hit
- Injuring pedestrians, bicyclists, or other persons in the area
- Doing damage to the surrounding property, such as mailboxes, lampposts, or buildings
- Causing damage to the actual rollaway vehicle itself (e.g., if the vehicle rolls down a hill, off a cliff, or into a building)
- Injuring passengers who were inside the vehicle while it rolled away
Vehicle rollaway accidents that take place in a parking garage or a similarly enclosed space can cause much more property damage in a short time frame than is typical because the garage is likely to be filled with numerous automobiles, and a single rollaway vehicle can hit multiple parked cars in a single incident.
Who Can Be Held Liable for a Vehicle Rollaway Accident?
Automobile manufacturers are the most common defendants in these claims because most vehicle rollaway accidents happen when a car’s parking brake or other part of its braking system fails. A manufacturing defect typically causes this. This could arise because the automobile manufacturer designed or installed the brake system. It could also occur if the manufacturer used low-quality brake parts.
The manufacturer can also be held liable if it was not the manufacturer but, instead, a third party that the manufacturer hired who was responsible. Whether or not it was the manufacturer that caused the brake defect or it was caused by a third party that the manufacturer hired, the manufacturer can be held legally responsible for the damages.
An individual can be held liable for damages as well. This might occur because the driver forgot to apply a parking brake while parked on a hill, or they left the car in neutral, exited the car, and the car rolled down an incline; or they left an unattended child in a car, and the child shifted the transmission into neutral and the car rolled.
Concerning the last scenario, liability can only be attributed to the parent of the small child if the plaintiff can prove that the parent was negligent in leaving their child unattended in a car and knew or should have known that there was a risk that the car could roll away.
What Are the Legal Remedies for a Vehicle Rollaway Accident?
A vehicle rollaway accident can result in severe bodily injuries and major property damage. This is perhaps why many vehicle rollaway incidents require legal action and court intervention to resolve disputes. In other words, the person who got hurt or whose property was damaged often sues.
Plaintiffs who prevail in a lawsuit for a vehicle rollaway accident will usually receive some sort of monetary damages award. This could be, for example, the cost of repairs to the victim’s car after it got hit by the rollaway vehicle.
Negligence Claims
In addition, a plaintiff injured in a vehicle rollaway accident may file a personal injury lawsuit based on a negligence claim. If the plaintiff can prove that the vehicle owner was negligent in causing the rollaway accident, which, in turn, caused the plaintiff’s injuries, then there is a good chance the plaintiff will win their case.
If the plaintiff is successful, the vehicle owner will need to reimburse the plaintiff for any resulting medical expenses, such as medical or hospital bills, or miscellaneous expenses like lost wages and loss of future earnings. These damages are intended to compensate the plaintiff for out-of-pocket costs that the plaintiff was forced to pay due to being injured in the accident.
A plaintiff who prevails in a personal injury lawsuit may also collect general or noneconomic damages. The purpose of general or noneconomic damages is to cover those costs that are difficult to measure, such as pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and so forth.
Additionally, depending on how egregious the defendant’s actions were, the court may order them to pay some punitive damages. Punitive damages can be quite a lot of money. Since they are meant to punish the defendant, they have to be high enough to cause some pain to the defendant.
Products Liability Claims
If a plaintiff is suing a business because the rollaway accident was the result of a defect in the vehicle or one of its parking parts, then they will need to file a product liability lawsuit. In such instances, the business will not only need to pay for monetary damages as described above but may also need to recall the cars involved and replace the defective parts.
Additionally, if the product liability lawsuit contains an issue that affects a large set of people who have the same issue, then they may band together to file one large lawsuit rather than filing dozens of individual small suits. This is known as a class action lawsuit. Class action lawsuits also often result in large monetary damages, awards, or settlements. In fact, they often settle early because the defendant (the manufacturer) does not want the lawsuit to be picked up by the press and bring about bad publicity.
Do I Need a Lawyer for Help With a Vehicle Rollaway Accident?
Lawsuits concerning vehicle rollaway accidents can be difficult to resolve without the assistance of a lawyer. Vehicle rollaway accident cases tend to have complex factual and legal issues that involve multiple parties and various fields of law. Thus, you may consider hiring a local car accident lawyer if you or one of your loved ones has been injured or affected by a vehicle rollaway accident.
An experienced car accident lawyer will be able to review the specific facts of your case and determine if you have a viable claim. Depending on the facts of your case, your lawyer will also be able to discuss the potential legal remedies you might recover. They will also be able to prepare and file a vehicle rollaway accident lawsuit., and represent you in court.
If you are the defendant in a case, your lawyer can advise you whether there are any defenses available that you can raise against a claim. They can answer any questions you may have about your case. They can also represent you in settlement negotiations and court.
