In an accident caused by a vehicle malfunction, one or more parties may be liable for the injuries sustained by the victim. That may include the manufacturer, the owner of the vehicle, the maintenance provider, or others. In all cases, a full investigation is necessary to determine what led to the accident, allowing for a clear indication of fault to occur. Consider the following about who can be held liable for a vehicle malfunction accident with the help of a Newnan car accident lawyer.
Manufacturers Of the Vehicle
In cases where evidence demonstrates that a design or manufacturing error caused the accident, the manufacturer of the vehicle could be at fault. In these accidents, it is necessary to gather evidence from vehicle experts about the cause of the accident and what design flaws or manufacturing defects occurred during the process. Defects may include:
- Design defects, meaning the manufacturer’s design was ineffective or unsafe
- Manufacturing mistakes, meaning the manufacturer’s quality assurance failed to spot the concern
- Marketing defects that stem from failure to warn about risks
Manufacturer liability claims can be challenging because we must demonstrate the company knew or should have known about the risk to you and failed to take the necessary steps to minimize it.
Parts Manufacturers
The manufacturer of a part could be at fault if that part’s design, manufacturing process, or marketing was flawed. In these situations, your attorney will work to better understand who is at fault by looking for cases of other brake, tire, engine, or other components failing. Tying the manufacturer to the accident in a full investigation is necessary.
The Vehicle Owner
The vehicle owner maintains some level of responsibility for their vehicle. That means if the vehicle lacked necessary service and repair, or the owner failed to take the vehicle in for a recall or repair known, the owner could be responsible for the injuries caused to the victim. Demonstrating this will need to show that the owner knew of the risk or should have known and failed to take care of it.
Automotive Repair Shops
In some situations, the repair shop could be accountable, especially when their technicians make mistakes that worsen or contribute to the accident. This may include the owner failing to provide necessary repairs or taking shortcuts to save time and money. Ineffective installation of parts can also contribute to these accidents. Also, mechanics must perform a visual inspection of the vehicle before handing it over. If they did not, they could be responsible for the injuries that occur.
The Driver
The vehicle driver, if other than the owner, may maintain liability in a vehicle malfunction accident if they knowingly did not use the vehicle in a safe manner. If the driver knew there was a defect with the vehicle but continued to use it anyway or used the vehicle improperly, causing a manufacturing-related issue, the driver could be accountable.
Do Not Just Settle Your Claim
When a vehicle malfunction accident occurs, follow the same steps you would with any accident. Seek medical care, gather evidence at the scene, and then contact a car accident lawyer. Your lawyer will go to work determining what evidence is available to support any of these claims. That will prove to be critical to recovering damages owed to you. If you think the vehicle malfunction caused the accident, let a Newnan personal injury attorney help you prove it.