Compensation for Car Accident Injuries Caused By a Vehicle Defect

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 b2ap3_thumbnail_shutterstock_563882854.jpgNot all car accidents are the result of driver-related errors, negligence, or intentionally wrongful conduct. Sometimes, fault lies with the vehicle itself—whether in its design, manufacture, or maintenance. Importantly, for victims in accidents caused by vehicle defects, recourse exists just the same as for non-defect-related accidents. Products liability law (rather than negligence or battery) governs this area of auto accidents and allows victims to rightfully seek compensation for medical bills, pain and suffering, lost income due to missed work, the cost of vehicle repair or replacement, and when warranted, punitive damages. With the aid of an experienced Fremont personal injury attorney, the existence of a defect can be proven and compensation sought for its adverse consequences.

Manufacturing Defects May Have Dire Consequences

Cars are complex machines, and with California’s roads and highways being lawfully traveled at speeds of 70 mph, injuries and property damage stemming from a vehicle defect-related accident can be severe.  One common type of defect is “unintended acceleration,” which affected Toyota vehicles made in or around 2009 and Audi vehicles in the 1980s. There is the also the problem of tire separation, which, due to poor quality adhesives, caused tire treads to separate while the vehicle was being operated. When tire separation occurred on Ford’s Explorer model vehicle, the result was improper maneuvering and accidents in which serious injuries resulted. 

Other manufacturing-related defects include ignition fires and inadequate engine mounts. In each of the above scenarios, all parties in the chain of retail may be held liable for the accidents and resulting injuries caused by defects. The theory of this type of chain liability is that at each stage – design, manufacture, and retail – the parties seeking to profit from vehicle and component part sales had both the opportunity and duty to diligently and accurately inspect for dangerous defects.  When this duty to safeguard consumers is abrogated, liability may be imposed.

The Existence of a Defect Must Be Proven

Unlike in accidents caused by a negligent driver, the process of establishing both defect and causation in an accident caused by a design or manufacturing defect requires the gathering and presentation of evidence. In presenting and arguing this evidence to establish a defect, impose liability, and obtain compensation for injuries and other harms and losses suffered, the knowledge of an experienced Fremont products liability attorney is an invaluable resource. You can contact our firm by calling 510-791-2244.

 

 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.6.&title=1.&part=3.&chapter=2.&article=1.

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