When defective car parts ultimately cause a vehicle accident or exacerbates injuries in a vehicle accident, there are numerous liability theories under which an individual may be able to recover compensation. These theories require that a plaintiff is able to illustrate that a design defect, failure to warn or manufacturing defect was the cause of an injury they sustained. Defective car parts can put the driver of the car as well as anyone else on the road at risk of a serious injury. Those people hurt in an accident caused by defective car parts may have both a personal injury and a product liability claim.
The most commonly used theories in this realm include breach of express warranty, strict liability, and breach of implied warranty. You must be able to illustrate that somebody else’s negligence contributed to or directly caused your injuries. A plaintiff may be able to rely on breach of implied or express warranty. This sometimes comes as a result of a vehicle coming with a written guarantee or warranty. A strict liability theory, however, requires that the plaintiff illustrates that a particular part of the car was damaged and this contributed to property damages or injuries directly.
In a car accident caused partly by someone else’s negligent actions and also by a defective car part, the legal issues involved can be very complex. Trying to handle a situation like this on your own while navigating with the insurance company and trying to attend your necessary medical appointments can be difficult. The evidence involved in a case like this is extremely important, so make sure that you keep it all in one place. Photos of the defective car parts and the damage to property may be important for illustrating the depth of the problem.
It is extremely important to identify a personal injury attorney who has handled situations like this before. It is particularly complex in cases where another person’s negligence may have contributed to your injuries in addition to a defective car part.
As a victim, it may be hard to tell whether or not defective car parts caused an accident, which is why a lawyer should be brought in and potentially experts who can help investigate to what extent the dangerous part contributed to the accident. Don’t wait until the statute of limitations has lapsed, as gathering this evidence sooner rather than later is easier and can help to support your claim in court.
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much to pay injured people. Now that he works against insurance companies, Michael’s inside knowledge has resulted in significant benefits to his clients injured in car accidents. Learn more about Michael Pines