Defective automotive parts are the cause of many more accidents than people realize. When accidents happen, drivers are often distracted by the immediate chaos and fail to understand that they may have a product liability claim when their vehicle does not respond correctly. Human error is not always the answer when an auto accident is being investigated. Having an aggressive personal injury lawyer like the professionals at Daspit Law means that the vehicle can be secured and inspected thoroughly for evidence of a malfunctioning part or entire vehicle system.
One type of product liability case that is currently being noticed nationwide is deploying airbags without any collision to trigger the safety device. Traditionally, lodged accelerators and failing brake systems have been the most common causes of defective part auto accidents. Regardless of what the cause of a wreck may be, an experienced auto accident attorney will understand how to proceed with a vehicle inspection that can be used as evidence in a product liability claim.
Proving the Case
Product liability cases normally fall under the strict liability rule that only requires a plaintiff attorney to prove an association with the failing part and the causation of the accident. Proving negligence is not necessary in a strict liability case, as product manufacturers are held responsible for their products once they reach the market. Some potentially bad auto products have actually already been processed through the courts and product liability trust funds are already provided. However, isolated instances do occur and can be valid claims in settling a car wreck case.
Damage settlements from a product liability claim can substantially enhance the value of an accident injury case because corporations are being pursued for damages and many times insurance does not necessarily apply. Not only do the insurance companies of drivers have a requirement to pay. Product liability claims can be an additional source for financial recovery.
It is also not necessary for the malfunctioning component to be on a victim's vehicle either, as many times other drivers or commercial vehicles cause accidents when equipment fails. The transportation company or the even a parts dealer can also be pursued for damages.
This is a primary reason that product liability cases are defended vigorously and always require a seasoned personal injury attorney to secure fair and equitable financial recovery, including punitive damages in serious claims.
Anyone in Texas who may have been injured in an accident due to the malfunctioning of an auto part should contact a Houston auto accident lawyer from The Daspit Law Firm for a full evaluation of the potential of a product liability case from your wreck.
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