Q: What vehicles are commonly involved in these types of cases?

A: Well, first and foremost – the Explorer – from almost any year. The Trailblazer is another. It was introduced in 2002 and they stopped making it in 2006. Almost every mid size SUV, with the exception of a Volvo and some other upscale SUV's, are unstable and will rollover because of their design and lack of safety testing. Our experience has shown us that severe injury and death may occur and this is something that manufactures such as GM, Ford, Chrysler and Toyota have been aware of since the mid 1980s.

Q: Does the year of the vehicle make a difference in this type of case?

A: Yes, it can. A lot of states have what is called a statute of repose which is a time limit based on when the vehicle is sold as to when you can bring a claim. As an example, Tennessee has a 10 year statue of repose - meaning that if the vehicle is sold in 1992 and you just have your accident today (in 2007), the last year you could have brought a claim against that manufacture for that vehicle would have been 2002. So, in a lot of states, the date the vehicle is sold is important. However, some states, including Alabama, do not have statutes of repose.

Q: Is a lawsuit worth pursing when the SUV involved is older?

A: There's no question about it. You've got to talk with a lawyer who has done this type of work, who not only knows that vehicle, not only knows who he needs to consult with to get the engineers on board, but also knows the different laws in the different jurisdictions.

The vehicle has to be in the consumer's possession, though. One of the very first things I do when contacted by someone who has been injured is to send a preservation letter to a salvage yard or an insurance company and ask that person or company to preserve it. If you change the condition of the vehicle after it was in the accident, that's going to affect your ability to pursue a claim. So, it is paramount that 1) you preserve the vehicle, 2) you keep it in the same condition, and 3) you maintain it in that condition.

Q: Can a consumer sue a manufacturer if she has already settled with her insurance company?

A: A consumer may be barred in some states. A lot of times the insurance company is going to request a release and sometimes a release can be overly broad. In addition, it could affect your rights as to where you can pursue the claim. So, if you're going to ask an attorney to look into a case concerning an SUV rollover, you should make sure that attorney is involved in every step of the process.

If you've been injured in an SUV that has rolled over, contact an attorney whose practice focuses in this area of the law and who understands the differences between the various makes and models of SUVs and their safety records. To contact an experienced attorney near you, please click here.