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Monday, August 20, 2018
Not all motor vehicle accidents result from human error. In fact, there is a handful that occur due to faulty vehicle parts. Whether that part is defective by design, flawed during manufacturing, or installed incorrectly, these accidents can lead to catastrophic injuries.
Victims in these accidents may be able to hold the manufacturer, and other parties involved in the distribution chain, responsible for their injuries and receive the compensation they need to recover from the accident.
When you are holding manufacturers, designers, and mechanics responsible for defective products, you are entering the area of product liability law. Product liability claims are personal injury claims that base themselves off the premise that a product was inherently dangerous and lead to the victim’s injuries.
Product liability claims typically arise because one of three defects occurred:
Multiple legal theories apply when going through product liability claims, but most are based around negligence. Also, multiple parties can be liable for injuries that stem from one of the three defects mentioned above.
A modern automobile is a complex machine that relies on hundreds of various parts to work correctly. These parts have a potential for failure, but not all failures lead to serious accidents or injuries. Components that have a higher risk to cause serious injury when they are defective include:
If a defective car part in your vehicle or another driver’s vehicle leads to a serious accident, your attorney will investigate all parties involved in the manufacturing and distribution of that vehicle to determine who is liable. Some parties that might be found liable include:
The vehicle’s manufacturer, if the defective part was on the car when it was distributed to dealerships, could be automatically liable for any defective components in their vehicles. Manufacturers owe a duty of care to their customers. And through proper quality and safety control protocols, these defects should be caught and eradicated. Therefore, a manufacturer that allows a vehicle to leave their facility with a defective part could be named in a lawsuit.
If the vehicle manufacturer did not make the defective part, then the third party responsible for creating it could be liable. Companies that make auto parts are just as liable as the manufacturer of the vehicle itself because they must not only ensure their products are created in accordance to their specifications, but also that their products are safe.
Sometimes, the product is manufactured correctly, but the company that marketed that component did not include all warnings or proper instructions with their product. In this case, the marketer would be liable.
Auto parts manufactured correctly can be defective when their design is flawed. Flawed components can be serious safety hazards. And when a poorly designed component causes the crash, the designer can be held responsible.
Products may be designed and manufactured correctly. But when they are installed, something goes wrong. In this instance, the mechanic or dealership that installed the component incorrectly would be liable for your injuries.
Defective components can turn minor accidents into catastrophic incidents. Car accident victims could suffer from long-term, debilitating injuries when parts like airbags, brakes, or even seatbelts fail to work.
Some of the more common injuries seen in a defective part case include:
Anyone involved in a motor vehicle accident, whether a defective component was involved or not, should seek medical treatment right away. Some injuries, like soft tissue damage, can take several hours to days to show. Starting treatment early is critical not only for your health, but also in the event that you file an injury case later.
An accident caused by a defective car part could leave you in financial strain. You cannot work while you recover from your injuries, but that does not stop the medical bills and your living costs from quickly draining your bank account. You did not cause the accident, so why should you have to deal with the financial aftermath of that incident?
An attorney will work hard to help remove that financial burden, and they will negotiate with insurance companies and defense attorneys to reach a settlement that covers your damages. Damages are not just your medical costs either. This compensation helps cover the financial and non-financial losses that stem from your accident:
Note that punitive damages only occur in cases of extreme negligence. Courts use punitive damages to punish the defendant for their acts and to serve as an example to others in the industry so that they do not commit the same act.
For families that lose a loved one in a crash caused by defective auto parts, a wrongful death attorney can help. While no amount of money could reverse the loss, compensation can be obtained to ease the financial strain from that loss.
Fortunately, those who are injured in an accident caused by a defective vehicle part can recover their losses and hold manufacturers responsible. In these instances, recovery could be substantial. To protect your rights and explore your options, speak with an attorney that has experience handling product liability claims involving defective motor vehicles.
Speak with an attorney today from Malman Law. We can meet with you without obligation. Schedule your free case evaluation now at 888-307-2051 or contact us online to get started.
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
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I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.
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ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim