Tips and information for a Defective Vehicle Personal Injury Claim.
The number of motor vehicle accidents due to some kind of vehicle defect has increased significantly in the past decade. If you have suffered an injury as a result of such accident, you may be entitled to make a product liability claim.
Classify
The first thing you need to do is determine under which category the claim can be classified. There are two types of liability claims due to a defective motor vehicle. The first one is liability due to defectively manufactured vehicles or vehicle parts. The defect could have been caused by the manufacturer, shipping company or dealer. The other type of liability is due to unreasonably dangerous design. Typically, cases in which the defects have only been discovered after the vehicle has been introduced in the market, fall under this category.
Identify
Make a list of all possible defendants in your case. Include the entire “chain of distribution” which starts from the manufacturer and ends with the individual or company that sold the vehicle to the consumer. This could include the manufacturer, parts manufacturer, car dealership, middleman or shipper and used car dealer.
Basis
The basis of the liability claim could be a breach of express warranties. This is the case where there is still a valid warranty on the vehicle or vehicle part that is defective. If the vehicle does not meet the minimum standards set by the states, you can make a claim based on a breach of implied warranties. Lastly, many states have implemented strict product liability laws which relieve the consumer from having to prove that the manufacturer or supplier is at fault. You only need to show that the vehicle or vehicle part is defective and that the injury has been caused by that defect.
Prove
In order to be successful with your claim, you need to prove that you have suffered an injury or any type of loss and the vehicle has been defectively manufactured or has a dangerous design. Lastly, you need to provide proof that your injury or loss is caused by the defect or design of the vehicle.
There are also some cases where you can join a pending lawsuit against a manufacturer, dealer or supplier. These lawsuits are called the class action lawsuits. To the consumer, the main advantage is that you will be represented by a lawyer who has extensive experience in this field. Often, the consumers need not pay any legal fees upfront when joining such class action and you will not have to confront complex legal issues yourself.
Find out if there is a class action suit pending then get in touch with the lawyers directly. Typically, these lawyers do not charge for the initial consultation.
Get Help
Product liability cases could be very complex as they involve both legal and mechanical issues. In most cases, getting a lawyer is the best way to proceed with your claim. Do some research first on any existing class action and if there is none, you can consult the nearest consumer protection organization in your area. They might have their own lawyers who could represent you at a low rate.
Tips and Warnings
· Note that you need to prove the existence of an injury or loss caused by the defect. An “almost injury” is not enough to prove a personal injury claim.
· Even if you only borrowed the defective vehicle but suffered the injury due to the defect, you are still eligible to file a claim against the manufacturer or dealer.
· If you have been involved in a traffic accident caused by a driver with a defective vehicle, you could have a product liability claim against the vehicle’ manufacturer and a negligent driving claim against the driver.
