What if the Accident Was Caused by a Defective Car Part?

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What if the Accident Was Caused by a Defective Car Part?
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In 2016, there were 62 St. Louis car accident fatalities. That same year, hundreds of others experienced serious injuries in their accidents.  While most collisions were caused by driver error, there were some caused by defective parts. If you were involved in an accident that happened because a part was defective, you may be able to seek compensation through a personal injury lawsuit.

Who is Liable for the Accident?

In most accidents, one or multiple people are responsible for the collision. The same is true of defective car part collisions. If a defective part contributed to your crash, the parts manufacturer could be liable. With a personal injury claim, they may be held accountable for your medical bills, vehicle repairs, and missed wages.

If a negligent driver causes an accident, it may not be too difficult to prove that their negligence caused your injuries. On the other hand, defective product cases are more complex. It's expensive and time-consuming to prove that a manufacturer made a defective part.

To do so, you must show that a car part or vehicle itself was defective, and that the defect is what caused your damage and injuries. You don't need to show that the manufacturer did not live up to the industry's standard of care. Rather, you need to show that the part was defective and didn't work in the way it should. Typically, defective car parts include brakes, ignitions, steering wheels, and seatbelts.

Breach of Warranty

One way of proving a defect is to show that there was a breach of implied or express warranty. Many car parts come with a warranty or guarantee. If a part malfunctions, it breaches the warranty. Even if there is no written warranty, the current industry standards hold products to an implied warranty.

Class Action Lawsuit

If a design defect caused your collision, you could join a class action lawsuit. There may be other people who were also in accidents caused by the defect. If you only have minor injuries, a class action lawsuit could be your best option for receiving compensation. On the other hand, people with serious injuries may be better off filing their own lawsuit against the company. Before deciding what to do, you should consult with an attorney.

How Do Manufacturers Defend Product Liability Claims?

There's no guarantee you will receive compensation for your crash. The manufacturer could mount a strong defense to your product liability claim. One of the most common defenses is contesting causation.

The manufacturer might argue that your negligent driving caused your injuries, and not a defective part. In some cases, they may blame another driver for the crash. It's up to your attorney to prove that the manufacturer was responsible for the collision.

There's another potential defense used by manufacturers. Depending on your situation, the manufacturer could argue that you knew about the defect but continued to use the product. For instance, there might be a recall on a part in your vehicle. Failing to take your car in to be fixed would hurt your case.

Working with an Experienced Attorney

You need to be prepared to fight for compensation, and this means working with aggressive legal representation. They will be able to collect evidence and build a strong case in your favor. If you're one of the many St. Louis residents to be involved in a car accident, call Hipskind & McAninch car accident lawyers.

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