What Is A Defective Motor Vehicle Case?
When you purchase a motor vehicle, you have a right as a consumer to a safe product. When a car accident occurs it is often assumed that one or the other driver is at fault. However, sometimes an accident may be the result of a defective vehicle. So no matter the circumstances of your accident, it’s always a good idea to hire a qualified personal injury attorney. A personal injury attorney will make sure that you are going after the party that is really liable for your accident. Here is what happens if a defective part is the cause of your accident.
Common Types Of Vehicle Defects
Motor vehicle defects do not occur just in cars but also trucks, motorcycles, and vans. Some of the common types of defects include:
● Brake Failure: Defective brakes can cause catastrophic accidents, often from overheating, leaking hydraulics, or calipers that crack.
● Defective Tires: This can include improper treads and design flaws in addition to improper installation at the factory.
● Electrical system failure: The most common of these is when the power steering fails or shorted or open circuits
● Faulty Airbags: This includes not inflating or inflating too late or exploding and injuring the driver or passenger. An example of this is the Takata airbag recall, where tens of millions of cars were recalled. To date, over 20 people have lost their lives as a result of these faulty airbags.
● Seat Belt Failure: Seat belts that fail due to ineffective webbing, retraction failure or faulty latches.
All of these defects can lead to accidents and injuries. Even if it seems like the accident was your fault, you still should always talk to an attorney.
How Do You Determine If A Defective Vehicle Caused the Accident?
If you can’t understand how the accident happened, or if the car was driving oddly at the time of the accident there may be a question of the auto being defective. A few things to ask yourself include:
● Did your airbag fail to deploy?
● Did your seat back fail or break?
● Did you have a rollover and the roof collapsed?
● Did the car catch on fire?
● Did the brakes or power steering fail?
If you answered yes to any of these questions, your accident may be the result of a defective part. In this case, you absolutely need to speak to an attorney.
What Happens If The Accident Is The Result Of A Defective Part?
Once you have obtained the services of a qualified attorney specializing in defective automobile cases they will start the process. The first thing your attorney will do is find out if there was a recall on your car. Then they will determine if you have claims against other parties, such as the car lot who failed to look for any recalls on the car they sold you. Next, they will examine if the car falls into the two test categories of reasonable consumer expectation and risk utility where a reasonable person determines the risk serious injury outweighs the cost of repair or replacement of the part. If they find during their investigation a defective part is to blame, there are some steps they will take:
● Collect evidence, such as eyewitness statements and police statements, medical experts
● Provide testimony from experts including accident recinstructionists
● Obtain vehicle inspection reports or information from the shop your car gets repaired from
● Develop a complete history of similar incidents with the same make and model as your car
The goal of your attorney is to leave no room for argument on the part of the defendant to deny or reduce your compensation. Your attorney will demand full payment for medical expenses current and future, lost wages, other accident cases and pain and suffering. Since most companies do not want a high profile court case the will settle to avoid bad publicity.
If you think your accident was caused by a defective part, contact the attorneys at Goldman, Babboni, Fernandez, and Walsh. We have over a century of experience representing car accident victims and can determine who is truly liable for the accident. Contact us today for a free consultation to learn more.