Car accidents can cause devastating injuries. Sometimes, a defective automobile is to blame rather than negligence or another driver. When a flaw in your vehicle has led to you or a loved one becoming seriously hurt, the seller or manufacturer could be held liable for damages.
An Auburn car defect injury lawyer can help determine the cause of your injuries and pursue fair compensation on your behalf. Our dedicated defective products attorneys at Gideon Asen LLC can inform you of your possible paths to recovery and work to preserve evidence for filing your claim.
How Do Car Defect Injury Claims Work?
The Main Revised Statutes Title 14 § 221 establishes strict liability for defective products, which means that if someone is injured by a faulty product, they can sue the seller for damages, even if they did not buy the product directly from them. In the case of automobile defects, the seller or manufacturer can be held responsible for compensation, regardless of where the harmed party bought the vehicle.
Elements of a Claim
Several factors must be proven to succeed in a strict liability claim:
- The car had a defect at the time of the crash
- The seller or manufacturer being sued caused the defect
- The defect caused the accident and the injuries
- The injured person used the car normally and as intended
An Auburn automobile injury lawyer knowledgeable in defect cases can help prepare a case that satisfies these elements and leads to compensation.
Types of Claims
Typically, a product liability claim falls into one of three categories: manufacturing defects, design defects, or marketing defects. The responsible party for varies depending on where in the process the defect occurred.
A manufacturing issue would implicate the party that assembled the car, and a design defect could be attributed to the initial designer. Advertising a vehicle with knowledge of the defect would be considered a marketing error, in which case the seller is liable.
Comparative Negligence
It is important to understand the concept of comparative negligence and how it might affect a product liability claim. Under comparative negligence principles, a person who knows about a product’s error but assumes the risk and uses it anyway may not recover compensation from the seller or manufacturer.
That said, an individual would need to know about the danger and choose to disregard it, such as knowing that a brake system does not work and still driving with it instead of seeking repairs.
Critical Steps to Take After an Accident
Evidence must be found and preserved quickly after a wreck to prove the elements of a claim and determine negligence. Taking the following steps after an accident in Auburn can help ensure careful preservation of evidence and a robust car defect injury claim.
First, a hurt person should seek medical attention, even if the damage seems minor. This step helps document injuries and ensures full and proper medical care.
Second, an injured person should take pictures of the crash scene, the vehicles involved, and any visible defects. If possible, they should also ask for the contact information of witnesses so an automobile lawyer can follow up when putting together an injury claim.
Lastly, an injury victim ensure that the vehicle is inspected by a qualified mechanic. They can identify and document defects, which can service as powerful evidence in a case.
Talk to an Auto Defect Injury Attorney in Auburn to Review Your Options
After an automobile accident, the possibility of an error being the cause might be far from your mind. But by taking the steps above, you can put yourself in a better position to recover from the at-fault party.
Our dedicated team at Gideon Asen LLC can walk you through your options, help you navigate strict liability, and preserve evidence of defective parts. Working with a seasoned Auburn car defect injury lawyer can help make the whole process easier, so call today for a consultation.
