Car accidents are usually caused by the negligence of at least one driver, but sometimes it's the very vehicle itself that causes the accident. Brakes that fail to stop the vehicle as expected or steering controls that suddenly lock up can turn an everyday drive into a serious and life-altering event. If you suspect a flaw or defect in your vehicle was the cause of an accident, you'll need to establish plenty of proof before bringing a case against the manufacturer.
Collect Recall Information
Start by researching your vehicle's exact make, model, and production year to see what kind of recalls were issued. Proving you were unaware of the recall won't automatically help you win your case, but it will help establish that there is an actual defect. Recalls are often based on accidents that revealed a flaw the manufacturer was unaware of, so demonstrating how your accident was similar to the one that triggered a recall can go a long way in helping your case. Even if you received a recall notice and had the recommended repairs completed, you can still use the information in the recall notice to help establish a claim that the repair didn't adequately fix the defect.
Determine the Type of Flaw
Defects leading to serious automobile accidents are generally categorized into two categories. The first category is the design flaw, which means a part or system was designed poorly from the beginning. Other flaws fall into the category of manufacturing defects, such as a part that warped or weakened during manufacturing and wasn't caught by quality control. Since many car manufacturers subcontract their manufacturing, you may have to shift the focus of your lawsuit to a different company based on who's actually responsible for the defect. In some rare cases, a design flaw may be traced back directly to the designer who created it.
Prove Your Usage
Most car manufacturers will do everything in their power to prove you were still responsible for the accident by using the vehicle in an unusual or unintended manner. For example, brakes that fail will likely elicit an explanation that you failed to maintain them properly or were trying to stop at too fast of a speed. Using accident reconstruction services to prove how you were driving and the condition of the vehicle at the time is the only way to defend yourself against these counterclaims that weaken your chances for a fair settlement.
Preserve the Vehicle and Its Parts
The vehicle itself, along with any parts that may have become detached during the accident, is the single biggest piece of evidence you have for proving a defect caused the accident. Don't lose track of the vehicle as it moves through impound, and request that all evidence be collected from the scene by the police or your car accident lawyer. It may come down to a single shard of glass or plastic to prove there was something seriously wrong with the vehicle's performance at the time of the crash. Have the vehicle moved to a secure and enclosed storage facility as soon as possible to prevent exposure from altering the materials with rust and corrosion.
Hire Technical Investigators
Finally, be prepared to hire multiple accident and vehicle investigators in order to fully establish your claim of a defect. You'll need someone with experience in vehicle defects to examine what's left of the vehicle and document what's still visible. Investigators can also help by finding intact versions of the same exact make, model, and production year to see if the defect is present in any of those vehicles as well. An in-depth documentation of the accident scene may also reveal hard evidence that the car wasn't functioning normally, such as an unusually long slide due to brakes failing to engage.Share
14 May 2018
Hello everyone, my name is Nina Zoulon. On this site, I am going to share information about hiring a personal injury attorney. I will also talk about my journey to procuring those services for myself. When I was a beginning driver, I was on the road constantly. During one of those excursions, a driver going the opposite direction crossed the centerline and plowed straight into my vehicle. I was trapped by the dashboard for hours while firefighters helped me escape. After the accident, the other driver tried to blame my inexperience on the accident. I hired a lawyer to help me fight the case and I won. I would like to discuss personal injury attorney services in more detail to help other people win their cases in court. Thanks.