Defective Parts and Car Accidents: Filing a Lawsuit

Written by The Law Offices of Gregg Durlofsky on . Posted in Auto Accident

When you pull out of your driveway, you depend on the safety of your vehicle. You expect it to operate smoothly, and if something goes wrong, you hope the protective features will do their job.

But, when a part malfunctions unexpectedly, the failure can quickly lead to a car accident and injury. When this problem arises, determining what to do next can be difficult, and if you end up neck-deep in medical expenses and lost income, you may be curious what kind of compensation you’re entitled to.

To learn more about defective parts, car accidents, and legal reparation, keep reading. We’ll discuss the manufacturer’s responsibility and the effect of defective parts in an accident, and we’ll address what you need to build a great case and what kind of compensation you can get for your injuries.

Manufacturer Liability

Both auto part and car manufacturers have an obligation to provide safe products to their consumers or adequately warn their customers of the potential faults a product has. If they fail their responsibility as a manufacturer and their parts cause an injury, the injured party can pursue compensation for their wounds as well as other damages.

However, if there’s a recall on your car, and you didn’t take it in before the accident, you probably won’t be successful in filing a lawsuit.

Remember that the manufacturer has a responsibility to warn their consumers of any defects or problems, and a legal product recall does provide sufficient warning.

If there isn’t a recall and a problematic part caused the accident and your injury, you can sometimes file a lawsuit against multiple parties.

Depending on certain factors, you may be able to seek reparation from the car dealer, the vehicle distribution company, the part manufacturer, or the car manufacturer.

But be wary that, as a driver, you also have a responsibility to drive safely. If you were intoxicated or driving recklessly before your accident, you may still be at fault. So, always take care when driving.

Defective Parts in Single and Multiple Car Accidents

If your car accident only involved your own vehicle, it’s easier to tell if a defective part was the cause of your accident and injury. For instance, if an exploding air bag was the reason for your accident, it can be clearly proven, and you can go forward with your lawsuit.

However, sometimes, parts may malfunction when driving unusually, such as swerving to avoid an obstacle. As long as an attorney can determine a defective part caused your accident, they can quickly to work on your case.

When multiple cars are involved, it’s more difficult to pinpoint what exactly caused the accident. And because there are more than one driver and one vehicle involved, there are way more factors to consider. However, it’s not impossible to determine if the accident was triggered by a defective part, and accident reconstruction teams can sometimes be useful in this area.

Useful Evidence in Part Malfunction Car Accidents

After a car accident, you may be shaken and a little dazed. Often, the last thing you’re thinking about is getting evidence together for a legal case. But if you’ve been injured, collect everything you can just in case.

Also, if your car is towed, don’t get it repaired right away. Allow your attorney to take a look at it first and get useful evidence.

Witness Testimonies

When there are others around that witnessed the accident, be sure there’s a record of what they saw. Because they have a neutral view of the accident, their testimonies can be very helpful for your case. If possible, ask them to write down what they witnessed and include their signature and the present date.

Videos and Pictures

Take photos of the accident soon after it happens. Snap pictures of several different angles, and don’t forget to take a few close-up shots of the damage. You may also want to capture a video or two of the accident as you walk around it to ensure you get every angle.

Police Reports

If the authorities arrived on the scene, get the police report when it’s available. The police may have recorded witness accounts as well as useful observations.

Letter of Lost Wages

Injuries can often affect your work and income. To show that you’ve lost wages because of your condition, ask your employer to write you a letter with a detailed account of your lost wages. They’ll need to include the times and dates you were unable to get to work, and they’ll need to address how much in wages you’ve lost as a result.

Medical Paperwork

In any legal injury case, you need reliable proof. To show the seriousness of your injuries and how they’ve affected your finances, collect any medical bills, receipts, records, or other related documents. You should also include the expense of transportation to and from treatment and the cost of medical materials you purchased on your own.

Compensation

When you’ve been injured because of a defective auto part, you’re entitled to compensation such as:

  • Lost wages
  • Medical expenses
  • Property Damage
  • Pain and suffering

But to get the most reparation possible, hire an attorney. As a knowledgeable accident and injury lawyer, Gregg Durlofsky will fight on your behalf and get you proper compensation for your injuries and experiences. He’ll help you collect the proof you need, and he’ll dig for more details and evidence to solidify your case.

Gregg Durlofsky Law Offices

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Bethlehem, PA 18018

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