Featured News 2013 Understanding Auto Product Liability Claims

Understanding Auto Product Liability Claims

In some car crashes, such as rear-end collisions, the driver behind you is almost always at fault. In other accidents, such as SUV rollovers, there may not even be another driver involved. You still may be entitled to compensation for your injuries from a car manufacturer, dealer, or perhaps repair shop if your accident was caused by a defective car part. This is true even if the car you were driving is not yours. If you were in an accident involving another driver who is at fault, but a car defect was also involved, you may be able to file both a traffic accident claim as well as an auto product liability claim.

Car defects do not just cause accidents. Perhaps a faulty car part contributed to a collision. For example, your airbag may not have deployed, directly leading to broken ribs and a concussion. Perhaps it misfired, blowing at your face at 100 miles per hour when you were not even in a crash. This can cause grave spinal cord injuries, traumatic brain injury, and even death. Seat belt defects can give you whiplash and even break bones when you are in an accident.

The design and/or making of SUVs (especially older models) have been known to cause rollovers, a defect which can lead to devastating accidents. All-terrain vehicles, or ATVs, are also known to tip over due to poor design. Tire blowouts are a sign of faulty manufacturing as well. Motorcycles may be imbalanced, leading to even more serious accidents, as the person on the motorcycle has no barrier between his or her body and the pavement. A faulty car battery can lead to all sorts of havoc.

Whether a vehicle defect led to an injurious accident or caused an injury itself, your injuries could be the source of a great deal of pain and suffering. The costs for medical treatment can be devastating too. If you require months of therapy to recover, this only increases your medical bills. Of course, by the nature of your injuries, you will also be facing hefty bills for car repair (or replacement) as well. If the injuries are severe enough, you may also be unable to work, leaving you with no recourse to meet your expenses. When someone else's negligence is responsible for all this, you may be owed ample compensation to cover all these costs and to make amends for your pain. You may be able to pursue this compensation through an auto product liability claim.

Perhaps you have lost a loved one in a car accident caused by a manufacturer or designer's negligence. You can file a wrongful death lawsuit against the parties at fault in this case as well. A fair settlement could cover loss of companionship, pain and suffering, medical bills, lost wages, funeral costs, and perhaps more.

Depending on the defect, you may be able to go after the car manufacturer, which is usually a company and not a person. Perhaps the parts manufacturer is liable, or the car or auto part dealer may be on the hook for your injuries. This could be the case even if you did not purchase the car or part yourself, or if someone bought it from a used car dealership. Perhaps someone along the transport of parts is to blame. If so, you can sue a company or shipper who is at fault.

To pursue a settlement, there are a few things that must be achieved. If you are filing a personal injury claim, then you will need ample medical proof to establish that you are in fact injured. You will need proof of other damages as well. Then it must be demonstrated that the car or part is faulty. Finally, it must be shown that this defect is the source of your injuries, and that you were not misusing or abusing the car when you were hurt. Of course, for this, an outstanding legal advocate would be invaluable. Do not wait to call a personal injury lawyer about your case!

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