Car accidents caused by mechanical failure are not that uncommon. If you believe an accident occurred as a result of a faulty part or other type of mechanical failure, it’s important to seek out financial compensation for your losses. However, this is a complex matter and can be difficult to do. For that reason, it’s always best to work with a skilled attorney. At Petersen Johnson, we can help you obtain the compensation owed to you for such a failure.
Who Is Responsible for Your Loss?
Most often, motor vehicle accidents occur as
It’s essential to understand this key fact. If you believe any component of the vehicle failed, you are likely to find a significant amount of opposition from the manufacturer or the part installer. The goal of the attorneys representing the manufacturer is to limit any product liability here. This means you will need an experienced professional to help you prove your case.
What Determines Who Is Responsible?
Numerous factors play a role in determining what caused the problem. A vehicle manufacturer is never going to be responsible for poor maintenance. For example, if the brake pads fail because they are worn out due to normal and expected wear and tear, the company may not be responsible if they cause an accident. That’s because all mechanical parts wear out at some point.
If vehicle maintenance is not the issue, though, there are additional questions that need to be considered. For example, if the brake lines failed due to the part being manufactured improperly. If so, this could be a product liability claim from the manufacturer. Perhaps the brakes lights were replaced by a technician, who failed to connect them properly. In this case, the responsible party may be the technician that did the work.
Common Types of Defective Car Part Claims
Many components of the vehicle can be defective. Most often, manufacturers have quality assurance programs in place to minimize these risks. Still, defective parts can make it through. Some common causes of mechanical failure that could be related to product liability include the following:
- Brakes – This is one of the most common concerns. If the brakes on a vehicle fail, you could be involved in a serious collision. Brakes require replacements over time, but in some cases, the ABS system or brake lines may fail due to poor manufacturing.
- Tires – Tire failures often occur as a result of wearing down the materials and a lack of replacement. However, most tires have warranties, which could indicate an early failure where product liability is concerned.
- Lights – Headlight or tail light failure can cause accidents to occur. Most often, these fails are due to normal use, but if a newly installed light fails, this could be due to negligence.
- Steering – The steering system is often well tested in vehicles before they hit the road, but a failure could be the result of a product failure.
What Type of Claim Can You File?
Several types of scenarios could play out here. First, a claim of negligence could be filed. That is, the responsible party breaches a legal duty by failing to act in a certain way, in this case, in relation to the defective parts. Product liability is a secondary option. Here, the manufacturer or the seller may be liable for the defective product – the product should never have been in the hands of the consumer. A third option is
What Compensation Is Owed to You?
Determining the amount of compensation owed in a case like this is challenging because many factors must be considered. The first step is to prove negligence. From there, it is important to evaluate all losses from the auto accident. That could include:
- Damage to the vehicle – This includes any damage related to the vehicle itself and any possessions within it.
- Damage to the people involved – This includes medical bills, long-term therapy, and emergency room visits.
- Third-party losses – If another person’s vehicle was involved, or the auto accident caused injuries to other people in another car or a pedestrian, this should be considered as well.
- Pain and suffering – This is a type of claim for what you’ve lost beyond what you can prove. You may suffer long-term complications from the incident.
- Lost time at work – Due to illness, court cases, or other accident-related incidents, you may be unable to attend work
Keep in mind that traffic accidents like this are very complex to prove. Most often, the responsible manufacturer will have a powerful law firm working on their behalf to avoid the consequences.
Hiring Our Accident Attorney Matters
When you turn to Petersen Johnson, your auto accident attorney, you will work with a team that has served clients for years in this area. We have experience in product liability and mechanical failure claims and can help you prove your case. Call us for a free initial consultation at 602-285-6100.