As drivers and passengers, we naturally expect that the vehicles we drive and ride in will keep us reasonably safe in a car accident so long as we keep them well-maintained. While human error is a significant cause of car accidents, vehicle defects can also be a culprit. Defective products, especially motorized vehicles, or their parts, can cause severe personal injuries and even death. Who can the victims hold liable when a tire defect or steering malfunction is to blame?
When an accident happens because a service provider, parts manufacturer, or car manufacturer may have been negligent, you need legal guidance from a car accident lawyer.
Product Liability Law
Product liability law is the legal means that consumers harmed by defective products can use to be compensated for that harm. There are many ways that a manufacturer of a defective product could be at fault for a victim’s injuries, such as:
- The product could have been defectively designed or engineered. The product was rushed to market and needed to have been analyzed and tested for potential problems.
- The product could have been adequately designed but experienced an error or glitch during manufacturing, causing a defect.
- The product may be safe, but the instructions for the use of that product were incomplete or incorrect.
- The product labeling failed to provide warnings regarding risks associated with product use.
How Product Liability Law Applies to Car Manufacturers
A car manufacturer can be held liable for damages and injuries caused by negligence, including:
- Failure to inspect or test the product before placing it on the market
- Creating a flaw in the product
- Failing to discover a defect in a product
- Inadequate testing to learn if the product could be dangerous
- Failure to warn or adequately warn of a risk or hazard associated with the product.
Common Types of Car Defects That Can Lead to Accidents
Car accidents are often caused by faulty manufacturing of automobile components. Examples include:
- Steering components that break suddenly result in partial or complete loss of vehicle control.
- Problems with fuel system components that can cause vehicle fires
- Accelerator controls that break or stick
- Wheels or Tires that crack or break, resulting in loss of vehicle control.
- Seats or seat backs that fail unexpectedly during use
- Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle
- Wiring system problems that result in a fire or loss of lighting
- Airbags that deploy under conditions for which they are not intended to deploy
According to the NHTSA, the largest vehicle defect recall involved more than 42 million vehicles from large vehicle manufacturers equipped with air bags with a defective inflator mechanism manufactured by Takata, which could explode when deployed. Since 2018, 23 deaths and over 400 injuries have been caused by this defective product and manufacturer negligence.
With the help of our car accident lawyers, Carmel residents can build a solid case that leads to fair compensation.
Severe Injuries that can Occur in a Car Accident
Some injuries from a car accident can leave victims with injuries that impact their job and ability to earn a living and permanently alter their and their family’s quality of life due to expenses involved with medical treatment and caregiving arrangements.
Head or Brain Injuries may leave a victim with permanent cognitive damage, unable to speak, think, or remember.
Back and Spinal Cord Injuries can result in long-term damage, such as chronic back pain, neck or spinal fractures, paralysis, or partial loss of mobility.
How a Lawyer Can Prove Liability
To hold a manufacturer liable for your injuries and losses in a car accident, an experienced Carmel personal injury lawyer will need to prove negligence. The four essential elements of negligence are:
- The manufacturer had a legal responsibility to produce a product safe for consumers, and
- A Breach of warranty occurred when the manufacturer failed to uphold their claim to the safety of their product, and
- A manufacturer’s advertising or labeling led consumers to believe the product was safer than it was or failed to warn them of potential risks inherent in using their product, and
- The manufacturer’s product was defective, and the defect caused the victim’s injury and losses.
Having an experienced car accident lawyer in Carmel, Indiana, by your side can help ensure that the car manufacturer is held liable for their negligence and that you receive fair compensation for your injuries and losses.
Let Wagner Reese Handle Your Car Accident Case
Wagner Reese car accident and product liability lawyers have been fighting for the fair recovery of compensation for Carmel car accident victims of negligence for over two decades. Our lawyers will listen to your story, gather the evidence, and witnesses necessary to defend you, and use their experience to present your case to the court for favorable consideration. We love to help people protect their future and get what they deserve. Contact us for a free consultation today!