It’s a legal requirement for all auto manufacturers to offer vehicles that are within the set standards. Any deviation from this may cause injuries and deaths to their car users. Statistics from the National Traffic and Motor Vehicle Safety Authority show that approximately 30,000 people lost their lives in car related accidents. Part of the numbers of the lives lost represents fatalities due to a defect in their vehicles. Compensation for such injuries or deaths can be pursued through legal channels. If you fall victim to such injuries, you can make a legal claim by the help of an attorney. There are three broad categories to a manufacturer liability case you may consider analyzing.
Defectively Manufactured Vehicles
A vehicle’s whose manufacturing process was flawed may result in an injury to the auto’s user. Cars are used on the assumption that they meet the standard quality threshold. Therefore, a flaw in the manufacturing process compromises the set threshold and could result in an injury or fatality. Any harm suffered as a consequence of the defect, may be remedied in damages against the manufacturer.
Products Flaws in Design
Injury or death caused by the design of a vehicle brings to question the safety of the entire batch of the units produced. The car’s making process may be up to standard. However, the design could cause an accident. A legal suit can be filed against the manufacturer. In such a case, the material subject is the defective design of the car.
Inadequate Warnings or Instructions
Proper warnings and instructions offer guidance on the best use of the car. Issues related to a vehicle’s good care and other concerns should be detailed in the owner’s manual. The lack of such information constitutes grounds for an action against the manufacturer, especially if it is proven lack of such instructions were vital to the car’s overall use.
The Relationship between the Defective Product and your Injury
It is not enough to claim that your injury resulted from the defective product. Honors are on you to be specific on how the use of the faulty vehicle caused your injury. Further, for your claim to merit an award of damages, you need to prove beyond reasonable doubt that the defective vehicle caused the injury or fatality.
Filing a Wrongful Death Suit
Wrongful death merits an action by the survivors. Legally, such a suit has to be filled within a 24-month period upon the passing of the victim. Wrongful death compensation addresses the following.
- Lost income that would have otherwise been received from the deceased.
- Medical expenses incurred before the demise of the victim.
- Any other damages that in the court’s view is necessary.
The courts may further institute punitive damages against the company if it is satisfied that there was negligence in the company’s actions.
Filing a Lawsuit in the Backdrop of a Company’s Recall of its Cars
Vehicle recalls are made when a manufacturer identifies a defect. The recall could have resulted from previous reported injuries or death. Recalling of the products does not absolve the manufacturer of liability arising from the death or injuries sustained by the car owners. Therefore, survivors have sufficient grounds to hold the auto maker accountable for the defect.
If you have suffered injury due to a defective car, consider getting in touch with a product liability attorney.