Defective Car Accident Lawsuits

When a defective car causes an accident, identifying the specific problem can be a difficult process. Legal and automotive professionals must become part of this journey to target the responsible parties.

The seller or manufacturer named in defective care lawsuits will always have legal representation. Therefore, the injured person should also consider hiring an attorney for the best chances to recovery financial losses.

When Defective Cars Cause an Accident

The legal theory of product liability that holds manufacturers legally responsible for a defective car accident holds two general principles:

  1. Cars or parts that were defectively produced: A defective vehicle or parts claim occurs when a specific part does not function as it was manufactured to function. This part may become defective when it was made, while being shipped or when it was installed in the car.
  2. Cars with an unsafe design: A defective claim following a car accident argues the car has an unsafe design. In some cases, a car has been on the market for many years before consumers encounter unsafe design features.

Proving defective car liability in either principle can be difficult. It will involve gathering evidence for professionals to analyze. Typically, these are people with the knowledge and skill to pinpoint the defective part. They can also articulate which party or parties are responsible for the problem.

Liable Party after a Car Accident

More than one party can be held legally responsible for a car accident that was caused by defective parts. All parties in the chain of distribution, from manufacturer to the consumer, should be considered. Legal or insurance action against any of the following can occur:

  • Car manufacturer
  • Parts manufacturer
  • Parts supply store or dealership
  • Shipping company
  • Used car dealership

The victim of a defective car accident can go after more than one party. Close examination of what caused the accident and the nature of the defective part will reveal a negligent practice or behavior that may have led to the accident.

Proving Defective Car Accident Lawsuits

In order to prove compensation should be awarded because of an accident caused by car defect, the victim will need to show:

  • He or she suffered an injury or property loss
  • Either the design or manufacturing process caused the defect
  • The defect caused the injury and accident

Proving the latter two points can be difficult. Most likely doing so will require an expert examining the nature of the accident and the defective part listed in the lawsuit. Lawyers for car and part manufacturers will attempt to show a separate issue caused the crash.

Avoiding liability is possible if the part or car manufacturers can prove:

  • Misuse of the part or car
  • The victim removed and reinstalled the defective part
  • Other factors that contributed to the accident and injuries separate from the defective part

Preparing to defend a defective car accident lawsuit requires sufficient evidence that not only identifies the defective part, but also connects it to the crash. Obtaining proof can be difficult, but next to impossible for someone who does not have an attorney.

Contact us to schedule your complimentary consultation.

Ohio Accident Lawyers

1991 Crocker Rd #600, Westlake, OH 44145
4807 Rockside Rd Ste 400, Independence, OH 44131