The Aftermath of a Car Accident Caused by a Vehicle Defect
- September 15, 2014
- Vehicle Defects
Without a doubt, driver error is the most common cause of traffic accidents on the roads around Dallas. However, some accidents may be the fault of a vehicle defect. When a defect in the design or manufacture of a vehicle causes or contributes to an accident, the parties involved may be due compensation from a number of different possible defendants. These cases are typically more complex than a standard negligence claim against another motorist and your best chance for fair compensation will come with the assistance of an auto defect attorney.
What you Need to Prove
To establish a case for a vehicle defect there are a few things that will need to be proven. The first thing that will need to be demonstrated is that the accident was by either a dangerous flaw in manufacturing or that it was the result of a dangerous flaw in the design. Along with that, you will also need to show that you or the driver was operating the vehicle in a reasonable fashion. The idea is that a product, in this case a vehicle, should be reasonably safe when it is applied to its intended purpose.
While it is true that the driver should be operating the vehicle in a way that is safe, just because they were operating in an unsafe manner at the time of the accident may not completely negate the product liability claim. In product liability, a manufacturer is supposed to consider possible misuses of a product and protect against them in the design. So even with misuse of the vehicle, you may be entitled to compensation, but the matter of comparative negligence will probably be a factor.
Who is at Fault?
When it comes to a car accident caused by a vehicle defect, there can be a lot of different parties that may be at fault. Fault can extend to almost any part of the supply chain and it can often be very difficult to find all of the responsible parties and to determine their level of responsibility.
It is often the case that the manufacturers of either parts or the automobile itself are to some extent to blame for the dangerous defect. In some situations, both the manufacturer of the part and the vehicle will both hold some level of liability.
Whether the car is new or used, the dealership may hold some responsibility if a vehicle they sold was in a defect related crash. If it can be shown that the dealer knowingly sold a defective vehicle or that they should have been able to detect the problem before they sold it, the dealer may be in a position to be held responsible. An auto parts supplier may also be responsible if they sold you a defective part that caused an accident.
A car accident lawsuit that involves the claim of an auto defect is very likely to be complex and time consuming and it will usually take the skills of an automobile defect attorney for the claimant to get a fair settlement or judgment. The team at Guajardo & Marks has experience with building these cases and we will put our full efforts into bringing your case to a resolution that is both fair and just.