Immediately after you have been in an accident, one of your major concerns will be how to protect yourself and your family from the risk of another accident. It may also be difficult to determine the exact cause of the accident at that point, leaving you with the responsibility of fulfilling your obligations at the accident scene and reporting the incident to the relevant authorities. However, if the accident was as a result of a mechanical failure and you sustain injuries, you may wonder if you will be able to claim compensation. Talking to an personal injury attorney will ensure that you get expert advice and guidance on how to file the claim.
Proving that the accident was due to mechanical failure
During negotiations and when presenting your case before a jury, you will have to prove that the accident as a result of which you sustained injuries was caused by mechanical failure. In addition to presenting a legal argument, you will have to submit any evidence that you collected during your investigations. Some of the documents that will help to make your case stronger include police reports, collision shop records, vehicle defects, medical bills, wage records and eyewitness accounts. This is why you should preserve this information if you intend to seek compensation for injuries and damage to your vehicle.
Potentially liable parties
When it comes to mechanical failure lawsuits, it can be very difficult to determine fault and liability. As they construct an argument, your lawyer will have to identify whether the accident was as result of a tire blowout, failing steering, faulty brakes, engine failure or failing windshield wipers. This will in turn make it possible to determine liability. Here are some of the potentially liable parties in such a case.
The vehicle manufacturer
If investigations into the cause of the accident show that the car had a manufacturing or design defect, the vehicle manufacture may be found to be liable. Since these are some of the top and common reasons for vehicle recalls, filing a product liability claim will see you getting the compensation you deserve in case they resulted in the wreck.
Every single parts manufacturer has a responsibility to ensure that the parts they design and supply the manufacturer with are safe. If the parts are found to be defective, you can make a claim against the parts manufacturer.
The shipping company
The shipping company must ensure that the vehicle is shipped safely from the manufacturer and reaches the dealer in good condition. If some crucial parts go missing or are damaged while the car is on transit, the company could be held liable.
The dealership is responsible for inspecting the vehicle and correcting any defects before selling it to a buyer. If the crash was as a direct consequence of a concealed defect that led to mechanical malfunction, the dealership will be held liable for damages.
Mechanic or auto repair shop
Just like the dealership, your mechanic must ensure that they identify and correct any mechanical issues that would cause an accident. If they fail to notice or overlook important areas that need repairs, you can choose to file a claim against them.
You may be found to have been negligent if you knew about a problem but did not take the necessary measures to have it addressed. If you ignored obvious signs of mechanical issues or carried on operating a vehicle that had been recalled, it will be extremely difficult to get compensation. However, in some cases, you may still get compensation even if you were partially at fault.
Contact an attorney
The importance of hiring an experienced personal injury attorney cannot be denied. With the expensive and life-changing nature of car accidents, the lawyer will get experts to prove that mechanical issues caused the car crash. This will make it easier for you to move past the experience and help you get compensation for injuries and damages. Working with an experienced lawyer will also ensure that your legal rights are protected throughout the claim process.
In every situation, prevention is always better than cure. Before taking any trip, it is important to ensure that your vehicle is road ready and in sound mechanical condition. This will help in avoiding the stated mechanical issues as well as the related accidents.