When you are involved in a car accident and another driver is to blame, the logical move is pursue a claim with his or her insurance company. However, depending on the facts of the case, there might be another party that you can hold responsible for your injuries. If there is some question as to whether or not a defective vehicle manufacturer is to blame also, here is what you need to know.
When Is the Manufacturer Also Responsible?
Car accidents usually are pretty cut-and-dry, but in some instances, they can be a bit more complicated. If the accident occurred as the result of a defective car or part, you can not only hold the driver responsible, but you can potentially hold the manufacturer or the car or part responsible.
For instance, if the other driver's tire was defectively manufactured and that caused him or her to run into your car, you can also blame the manufacturer of the tire for the accident.
The manufacturer of a car would be responsible if the design of the car was unreasonably dangerous or lacked the safety features to avoid significant injuries. For instance, actor Paul Walker's family filed a lawsuit against the manufacturer or his car because they claim the vehicle did not have safety features that could have possibly avoided his death.
In personal injury law, you are not forced to pick only one party to sue. You have the right to sue both the other driver and the manufacturer of the car or part that led to the accident.
How Do You Prove Your Case?
Proving your case against the other driver might be easier than the case against the manufacturer. If you have witnesses and a police report, making your case against the other driver should be simple.
When it comes to your claim against the manufacturer, you will need to prove that it was the manufacturer's part or car that was truly defective and that the accident did not just occur because the other driver was reckless.
In addition to proving the car or part was defective, you need to show that the other driver was using the vehicle as intended. This could mean obtaining testimony from the other driver that details how he or she was handling the vehicle when the accident occurred.
You also need to prove that you were injured. Proving your injuries could be as simple as providing your medical bills and statements from your medical care providers.
Taking on a car or part manufacturer can be challenging, so it is important that you work with a personal injury attorney, like Risley Law Firm, P.C.Share
9 April 2016
Were you injured at work and fighting to get the workers compensation that you have paid into each year? Sometimes, getting those payments can be very difficult. What do you do when an employer fights the claim? Do you need a lawyer to help you through the process? How will you pay for a lawyer if you cannot even pay your electric bill? You are probably as lost as I was when I went through the process. Fortunately, you can learn from my experience with the system and find the answers to many of the questions that you have about filing a workers comp claim and fighting the system when it is denied.