Who is Liable in a Car Accident Caused By a Defect?
A defect in a vehicle can be caused by the manufacture or design of the vehicle part. When an accident is caused by a defect, one of the first questions asked by many is who is liable for the injuries caused by the crash. The answer is that many different entities may hold responsibility for the defective part, which is why you need an experienced personal injury attorney representing your interests in the case. At Mitch Grissim & Associates in Nashville, our legal professionals are prepared to zealously advocate for you after an accident caused by a defect and discover who is liable for your injuries. Call or contact us today to schedule a free consultation of your case.
Overview of Liability for Car Accidents:
When two or more vehicles collide, the drivers and other parties can be held liable for damages caused by the car accident. In some cases, the vehicle’s owner or a third party may be responsible. Determining liability can be a complex process and requires a thorough investigation. A car accident attorney can help review your case and identify the liable parties.
Negligence of Manufacturer or Dealer:
In some car accident cases, a manufacturer or dealer may be found negligent. In these instances, the manufacturer or dealer can be held financially responsible for the damages caused by the car accident. This includes any medical bills, lost wages, or other costs associated with the car accident. An experienced car accident attorney can help you determine if negligence was involved in your car accident case.
Strict Liability for a Defect:
In some cases, a manufacturer or dealer could be held strictly liable for a car accident caused by a defect in the vehicle. This means that regardless of negligence or fault, the manufacturer or dealer could be held responsible for any damages caused by the defect. An experienced car accident attorney can help you determine if your car accident case falls under this category.
Unavoidable Accident Defense:
In some cases, a defendant may raise the defense of unavoidable accident. This means that the defendant can claim that the car accident was unavoidable, even with the exercise of reasonable care. An experienced car accident attorney can help you determine if an unavoidable accident defense is applicable to your car accident case.
Contributory Negligence and Comparative Fault
When it comes to determining liability in a car accident caused by a defect, the concept of contributory negligence and comparative fault may be examined. Contributory negligence occurs when the injured driver is partially to blame for the accident, and comparative fault considers the degree to which each party is responsible. In either case, the car insurance company or the personal injury lawyer handling the case may consider these factors when deciding who is liable.
In a car accident caused by a defect, the at fault driver may be liable for the damage done to the owner’s car. Often, car insurance companies will cover repair costs for the owner’s car, but may raise car insurance rates as a result. Depending on the car insurance policy, the at fault driver may be responsible for the initial repairs, and the car insurance company will be able to reimburse them after.
Liability For Accidents Involving Leased Cars
In the case of a car accident caused by a defect where the vehicle is leased, the car’s owner may be liable for any damages. Generally, the car insurance company of the at fault driver will be liable for the damage caused to the owner’s car. This means that the car insurance rates for the at fault driver may not be affected, but the owner of the leased vehicle may be responsible for any personal injury lawyer fees associated with the accident.
Insurance, Car Accidents, And Personal Injury Liability
Insurance plays a major role in motor vehicle accidents and car accident personal injury cases. It is important for the car owner to have sufficient liability insurance to cover any damages caused by the other driver. The car’s owner should also have enough coverage to cover any medical expenses for the injured party. In some cases, the other driver may not have insurance coverage, leaving the car owner to pay for any damages. In these cases, it is important for the car owner to contact a car accident lawyer to help with the case.
The insurance company is usually the first party involved in a car accident personal injury case. The insurance company will evaluate the evidence and make a determination of who is liable for the accident. In many cases, the insurance company may assign fault to both drivers. In other cases, the insurance company may assign fault solely to one driver. In these cases, the other driver may be liable for damages.
The other driver may also be responsible for any medical expenses incurred by the injured party. The insurance company may also cover any damages caused to the car, depending on the type of insurance coverage held by the car owner. If the other driver is found to be at fault, the insurance company may also provide compensation for any pain and suffering caused to the injured party.
In car accident personal injury cases, an experienced car accident lawyer can be invaluable. A car accident lawyer can help the car owner understand their rights and determine the best course of action. A car accident lawyer can also help negotiate with the insurance company to ensure that the car owner and injured party receive the compensation they deserve.
If the defect that caused an accident was due to an issue in the manufacturing or design of the car part, the vehicle manufacturer may be held liable for the damages caused by the accident. This is known as products liability and the company can be held strictly liable if the victim can prove that the defect was caused by the manufacturer of the vehicle.
If the vehicle manufacturer can prove that the defect did not occur in the design or manufacture of a car part, the transportation company that moved the finished vehicle from the manufacturer to the dealership may be responsible for the accident. If transportation companies are not careful when moving cars, damage can be caused to important parts that may ultimately lead to an accident.
A car dealership may also be held liable for an accident caused by a defective part in a vehicle. Dealerships have a duty to inspect their vehicles for damage prior to selling the cars to consumers. If the dealership failed to inspect the vehicle for damage or made mechanical changes to the car and does not disclose it to the seller, the dealership may be held liable for injuries caused in a crash.
Auto Parts Store
Finally, if the defect was caused by a part sold at an autobody shop or auto parts store, the store’s owner may be liable for damages if the part was not defective when it entered the store’s inventory. Poor or mismanaged storage of vehicle parts can cause defects that later lead to accidents when installed in a vehicle. If it can be shown that the part was in perfect condition prior to receipt from an auto parts store, that establishment may be liable for injuries.
Call or Contact Us Today
Many entities may be responsible for a car accident caused by a defect, so you should only trust the best and most experienced car accident attorneys with your case. Call the office or contact us today at Mitch Grissim & Associates to schedule a free consultation with one of our Nashville car accident lawyers.