Mechanical Failure Due to a Manufacturing or Design Defect
Driver negligence is one of the chief causes of automobile accidents in the United States. However, mechanical failure is also one of the auto accidents contributing factors. According to the Highway Traffic Association, tire failure is responsible or 43 percent of total mechanical accidents, brake failure accounts for 25 percent, electrical failure 21 percent and transmission engine failure 10.5 percent.
Legal arguments in mechanical failure cases
After establishing that an automobile has taken part in a crash, the experts involved have to determine whether the fault was due to vehicle design, recent maintenance or negligence by the owner to undertake maintenance. Usually, car failure can be traced back to:
Dangerous design- this kind of product liability asserts that the vehicle was manufactured as it should have been, but it should have never been sold since the poor design is a safety hazard to the users. The experts must present safer designs that would have been employed to prevent the failure.
Defective manufacturing- it involves factory errors, poor shipping practices, inadequate testing proceduresand storage issues.
Faulty maintenance- car repair service providers should provide specialized inspection and replacement of defective parts. A mechanic should inform the motorist I case of any fault in the car that may pose risks to the users. Experts might be called in to explain how the mechanic was responsible for an accident.
Prevalence of vehicle recalls
In the past two years, no month has gone by without hearing of a major vehicle recall. In 2015 alone, over 51 million vehicles were recalled for various mechanical defects. In 2014, about 75 million vehicles were recalled. Most of these recalls involve severe safety defects that have the capacity to injure or even kill the vehicle’s users. With so many faulty automobiles on the road, you cannot rule out the possibility of mechanical damage to be responsible for a car accident. If you suspect that a car accident resulted from the mechanical damage of any kind, consider hiring a reputable nyc personal injury law firm.
What is the role of vehicle manufacturers?
An automobile manufacturer is responsible for ensuring that they build vehicles that safe for use and that they meet government regulations. However, this is not always the case. Some problems in cars are only detected after the vehicle has left the factory. In 2013, Toyota suffered multiple losses regarding compensation over the safety of their Camry models. The company had to recall the affected model. The reason for the defect was an issue with the throttle control systems. This caused unintended acceleration.
Another major case was by General Motors, where they recalled about 800,000 vehicles in 2014. The cars had been equipped with defective ignition switches. The switches would turn off the engine while the car was still in motion. Sadly enough, by the time they were prompting the recall, 124 lives had already been lost. The faulty switches had been used on approximately 30 million automobiles, thus endangering the lives of millions of users.
A past issue about faulty vehicles occurred in 2000, and it involved the Ford Company. It had been discovered that the manufacturer had used faulty Firestone tires on the popular Ford Explorer cars. It was determined that these tires, alongside other defects in the car model led to the loss of 250 lives and left about 3,000 others seriously injured. Ford ended up facing over 400 people, most of which they settled the plaintiffs out of court.
Determining who is at fault
The first person to be examined for fault would be the auto mechanic if the car had recently undergone maintenance. In case the vehicle had not undergone maintenance, the vehicle’s manufacturer might be held liable for the damages. Sometimes, the manufacturer of a particular part of the car could be made liable if the part has been found to be responsible.
Personal injury cases resulting from faulty automobiles
If you feel that your car accident was due to mechanical damage, seek the services of a qualified nyc personal injury lawyer. To ascertain the claims, experts will examine your vehicle and make a report that can be presented during the trial. Therefore, avoid destroying, selling or repairing your automobile after an accident as this might undermine the evidence.