With so many drivers on the road, car accidents are inevitable. And although most accidents can be chalked up to driver error, defective auto parts often play a role in collisions and accidents which cause injury or death. According to the National Highway Traffic Safety Administration (NHTSA), defects and malfunctions are involved in over 20,000 accidents per year.
After a serious accident, the costs can add up quickly – whether medical expenses, lost wages, or replacement of your vehicle. In every personal injury case, fault is determined – but who pays for damages if the accident was caused by a defective mechanical part?
Steps To Proving a Product Liability Case
- If you believe that your accident was caused by a malfunctioning auto part, your first step is to prove that it was actually defective. You cannot recover compensation without proving the part was in fact the reason for the accident. Because this involves understanding how the mechanics of your car work as well as what went wrong, you should bring in experts to help your case. Your first call should be to a personal injury attorney, who will contact auto parts specialists who can assist in your case. The right specialist can effectively review blueprints, schematics and relevant recalls.
- Once you have determined that the crash was due to defective auto parts, you need to determine who is responsible for the defect. Your team will help you to determine if the defect was due to bad design, improper manufacturing processes, or in the distribution of the part. Thus the defendant in the case may be the designer or manufacturer, the company who sells the part, the mechanic who installed the part or another identified party. A comprehensive investigation will likely be required to find out how negligence led to the defect.
- After your legal team identifies the liable party, you will need to file a claim. Depending on the specific details and circumstances of your case, you may seek compensation for lost wages, medical bills and expenses, pain and suffering, emotional distress, and any other damages which may be relevant. Filing a product liability claim is a complex process, and it is highly recommended that you don’t try to navigate it without a professional personal injury attorney. Your lawyer takes the pressure off – collecting evidence, gathering expert witnesses , and calculating a fair settlement for your losses.
- Even if it is determined that the defective part is not the primary cause of the accident, it may have aggravated your injuries and damages. For instance, you may be able to claim that an SUV has a dangerous predisposition to flip over due to a negligent design. Even if that design did not cause the accident, the propensity of the vehicle to roll over may have exacerbated the situation and made the accident worse. Auto makers have a legal responsibility to recall vehicles with known design or manufacturing defects. To check if your vehicle has safety issues, enter your Vehicle Identification Number (VIN) on the NHTSA recall website.
The personal injury lawyers at Probinsky & Cole are experienced in product liability cases, and we can help you to determine how to proceed. If you have been in a car accident and suspect defective auto parts were involved, give us a call. We will help you to discover the facts, hire the experts and file the case. We’ll make sure you get the compensation you deserve. Call our Sarasota or Tampa area offices today.
