If you have been injured in a car accident as a result of someone else’s negligence you may be eligible for compensation by way of a personal injury claim. However, it is not uncommon that in some car accident cases the liable party is not either driver. In fact in such cases the liability lies with the manufacturer that put a dangerous vehicle on the road. When this is the case the plaintiff must be able to show why the manufacturer should be held responsible for the accident.There are basically three defects that a vehicle may have; (1) it may be the design of the vehicle itself, whereby the vehicle is flawed to begin with if its normal usage results in injury. For example, a motor vehicle design defect may be where the connections going to the fuel line create a flammable environment, (2) a manufacturing defect is when the design is appropriate but something happens during the manufacturing process to the point that the product coming off of the mold is inappropriate in manner. For example, if vehicle parts are not the right size or shape this may result in them coming loose and posing a danger to drivers and occupants, (3) a warning defect is when a danger is known and consumers are not properly warned of it. For example, failure-to-warn of the maximum weight appropriate for a vehicle.
Generally, defective vehicle parts and vehicles disrupt the operation of a vehicle, this may be mechanical in nature or electrical and in some rare cases the defect may be software related. It may be discovered that such a defect in a specific part led to the accident. Such issues tend to cause a recall to be made of a specific model of vehicle when enough has been discovered within a particular model. It is a requirement of manufacturers by the National Highway Traffic Safety Administration to issue recalls when safety standards are not met. One article states in this regard, “This strategy [of vehicle recalls] is put in place to try to prevent future accidents once a problem is discovered. Since its inception, over 390 million vehicles, 66 million defective auto parts and 46 million tires have been recalled.” “Only when a defect affects others is it that liability should be determined. Manufacturers can be held liable for the damages that are the result of the defect and not for near misses”, one attorney commented.
It is important to note that the plaintiff bears the burden of showing that the accident was caused by an automotive defect. Because of the complexity of such cases plaintiffs usually seek the services of a personal injury lawyer. Such a lawyer may conduct an investigation in order to determine whether a defect caused or contributed to the accident. It is necessary for the plaintiff to prove that the defect caused the vehicle to be unreasonably dangerous. In order to hold the manufacturer liable the plaintiff must establish that the defect existed while the vehicle was in control of the manufacturer and did not arise at a later point in time when someone else was responsible for it.
If you have suffered injury as a result of a defective vehicle contact an attorney by following the link free attorney consultation near me .
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