Car Defect Injury Claims

Posted: January 9th, 2013 | Author: Austin-Personal-Injury-Blog
Categories: Blog

Personal injury claims following a car accident generally involve the issue of negligence on the part of one or more parties in the accident. However, in the event of a personal injury case based on a vehicle defect, the issues of negligence are often irrelevant. If you were injured due to a vehicle defect, you will likely have a personal injury case based simply on the strict liability of the manufacturer or seller of the vehicle. In such a case, you would not need to prove that the manufacturer or seller was careless or negligent, only that the defect was a direct cause of your injury or injuries.

There are several factors to consider in claiming a personal injury as the result of a car defect. First, you will likely need to provide a claim that the vehicle had what was considered an “unreasonably” dangerous defect and that this defect caused you injury. This could include any number of problems with the vehicle and may not be restricted to just engine problems such as a sticky accelerator or faulty brakes. The question of fault in the car accident may not be an issue if the accident itself can be found to have been caused by a dangerous car defect.

Other factors to consider are whether the vehicle was being used as intended and whether you had made any substantial changes to the vehicle after purchase, changes that may have contributed to the vehicle being defective. Generally, substantial changes are classified as those that significantly alter the way the vehicle operates. These last two factors could impede your personal injury case against the manufacturer or seller of the vehicle.

In addition, when bringing a personal injury claim, the other party may question the length of time that the vehicle was owned in order to try to prove that you may have been aware of the defect but chose to drive the vehicle anyway. This could provide a valid defense for the manufacturer or seller. In addition, some states may allow consideration of whether your own negligence in a car accident may have been the cause or contributed to your injuries, providing further defense against a personal injury claim.

The exception to this would be a claim based on the crashworthiness of the vehicle. In such a case, injuries are generally sustained due to a defect that did not cause the accident but that could have prevented or lessened injuries in the event of an accident. A personal injury claim based on crashworthiness would generally not consider who was at fault in the accident, as this would be considered irrelevant.

If you have been injured in a vehicle accident that you feel was the result of a car defect, regardless of whether the defect was a direct cause of the accident or not, you should not have to deal with the financial burden alone. Consult the experienced personal injury attorneys at Zinda & Davis as soon as possible to discuss all of your options.

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