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If you hit another car or pedestrian due to a manufacturing defect or if another driver hits you, it’s essential to determine what caused the failure. An attorney can help you investigate the possible defect and prove fault, helping you seek a claim against the manufacturer of the vehicle while also avoiding contributed liability on your part.
If you were involved in an accident due to a defective car part, Bert McDowell is here to help. As the head of Bert McDowell Injury Law, Bert has years of experience in helping clients successfully claim compensation for accident-related injuries.
Prior to starting his own firm, Attorney McDowell worked as an insurance company attorney, so he understands both sides of the personal injury case equation.
Consult with our team to find the best path forward for pursuing the damages you have suffered from all liable parties. You can schedule your free case review when you call Bert McDowell Injury Law at (203) 633-7449 or fill out our online contact form.
Manufacturing defects can affect any industry, but they’re particularly dangerous in automobiles. Driving is risky to begin with, and while driver error is the cause of most accidents, defects like faulty brakes lead to around 2 percent of car accidents in the United States.
When these issues happen, they can be devastating to all involved.
Without the ability to steer, for example, or brake in the lead-up to an accident, the accident can be made much more severe than it would otherwise. You may also wind up in an accident that could have been avoided entirely if not for the defective part.
You may need an attorney on your side to prove the defect to your insurance company and receive the compensation you deserve. The insurance company may try to place the blame elsewhere, especially if there isn’t precedent for a particular part failing in your vehicle type.
Retaining an attorney after a car accident may feel like a significant step to take. However, if the accident occurred because of a defective part, there are multiple factors that must be established for a successful claim.
To successfully attribute the accident to a defect, you must prove that a defect existed at the time of the accident. Further, you must show that the defect occurred as the result of a manufacturer error — not as a result of your own failure to maintain the vehicle or replace a faulty part.
If your car has replacement parts, the manufacturer may not be liable if the parts are from a different manufacturer or if they were not installed by a professional mechanic. It is also possible that the part itself was fine, but it was installed improperly, which led it to fail.
Even if you can establish that the car had a manufacturer’s defect at the time the accident occurred, you’ll need to prove that the defect is what caused the accident to occur. For instance, connecting a faulty ignition switch to a rear-end accident would be a challenging proposition, but linking faulty brakes to a rear-end collision is more straightforward.
No matter the circumstances, you’ll want to review the accident with your personal injury attorney to establish how the defect caused the collision since this is central to your case.
Finally, in any personal injury case, you must demonstrate that the accident is what led to the injuries and physical challenges that you’re facing now. You may also be able to prove partial liability if you can prove your injuries were significantly worse than they would have been if not for the defect.
If evidence of the injuries or health problems that you struggle with does not exist from before the accident, it may be a challenge to prove that the accident is solely responsible for your current state.
As you can see, there are multiple parties and factors at play in a defect-related accident. An attorney can help you piece together the events and find the links that exist between the defect, the accident, and your injuries.
Even if you’re unsure about the strength of your case, it’s worthwhile to speak with an attorney to cover all of your bases.
Manufacturer defects can affect any part of your vehicle. However, there are some critical parts that are more likely to cause accidents if they malfunction.
Your brakes are the primary mechanism for stopping your car. If your brakes fail, at best, you’ll cause a minor accident by bumping into another driver at a slow speed.
However, a brake failure can have catastrophic results, especially at high speeds. Without brakes, your car is effectively like a speeding bullet.
There is only so much you can do to decelerate if this critical component fails.
Airbags are designed to cushion your body if you collide with another car or object. They’re built to deploy with explosive force if your car is hit.
Airbag failure occurs when the airbags do not deploy when they’re supposed to. When airbags work properly, they can save you from cuts, bruises, broken bones, or internal injuries. Therefore, if the airbags fail to deploy, you may have a viable claim for a manufacturer’s defect.
It’s no secret that seatbelts save lives – but even if you take the necessary measures to remain safe, seat belt failures can occur. Seatbelts may fail to work properly if they don’t remain clipped or they spontaneously unbuckle.
There are also rare cases where seatbelts malfunction and occupants can’t escape a vehicle that has been in an accident. In these tragic cases, people can die or end up with severe disfigurements or impairments if the car catches fire; therefore, a seatbelt malfunction is always a serious concern.
Modern cars are equipped with electronic control units (ECUs). These small computers are responsible for ensuring your engine runs smoothly and that it responds properly to the driver’s inputs.
In rare cases, an ECU can malfunction and cause your car to act in erratic ways; the car may spontaneously accelerate in an event referred to as Sudden Unintended Acceleration. There have been a number of reported and proven instances of this dangerous issue since the late 1980s.
Worn tires contribute to a large number of accidents every year. If your tires are balding or failing to grip onto slick surfaces, it’s definitely time for replacements.
You should also align your tires regularly to avoid steering or control problems. If you hit another car due to a tire issue, you could be found responsible for failing to maintain your vehicle.
A manufacturer’s defect would typically apply in situations where the tires malfunctioned or wore down at an unusually fast rate. It can also apply to situations where there was a catastrophic failure of the integrity of the tire, irrelevant to current maintenance issues.
Such was the case in the 1990s when hundreds died because of a tread separation issue within a specific brand of tires.
Lights fall under the same category as tires; as a car owner, it’s your responsibility to maintain your lights and replace the bulbs as soon as they burn out. There may be rare cases where a broken light could be connected to a manufacturer’s defect.
Many modern vehicles now feature “active safety features,” which use sensors and computer intelligence to help drivers avoid accidents.
Automatic Emergency Braking, for example, can engage when the vehicle senses an incoming impact. There are also systems that promise to help you avoid driving actions during certain parts of the trip, which are colloquially called “self-driving” features in many cases.
Manufacturers attempt to warn the public about the use of these systems, saying drivers should always be cautious and ready to step in for the computer controls. However, sometimes, these systems have been shown to be defective, triggering an accident in extreme examples while causing a driver to get in an accident during a self-driving stint.
The role of such systems in crashes is currently being debated in court, so liability can be unclear within specific situations. Speak to an attorney if you believe a vehicle safety feature or self-driving capability contributed to the circumstances of your accident.
Car accidents can cause a range of injuries that impact your health and ability to function, such as:
After a serious accident, you may struggle to return to work, re-engage with your family and friends, and resume your life as usual. This is especially true in cases where injuries prevent you from participating in activities that bring you joy. In addition to medical care, you may need counseling or physical therapy to recover.
Working with an attorney can help you recover all the damages you have suffered after a wreck. That includes not only the bills for past medical treatments but also future projected treatments, lost wages (income), out-of-pocket expenses, vehicle repairs, and your own personal pain and suffering.
If you were involved in an accident that could be related to a faulty car part, it’s essential to take action. In addition to affecting your safety and peace of mind, a defective car part could potentially impact thousands of other drivers.
With the proper documentation, manufacturers can issue warnings or recalls to keep unsafe vehicles off of the roads.
If you were injured in an accident due to a defective car part, you deserve compensation and justice. Bert McDowell and his team can help you receive the funds you may be entitled to for your medical bills, lost wages, and pain and suffering.
He’ll analyze your case, collect relevant evidence, and guide you through the process of lodging a successful claim. Bert has the experience and knowledge that is necessary to negotiate with insurance companies.
If you’re ready to speak about your case, schedule your free consultation with an experienced Hartford attorney when you call (203) 633-7449 or fill out our online contact form today.