Raleigh Car Defect Injury Claims
Have you been recently injured as a result of a defective auto product? If so, do not hesitate in contact a Raleigh product liability attorney at the Whitley Law Firm in order to take legal action! Enlisting the aid of a legal professional is crucial when dealing with defective products because these lawsuits vary in comparison to a car injury caused in an accident.
For example, if you were driving down the road and a car ran a red light causing you to go to the hospital with severe injuries, it will be a simple task to prove the negligence on behalf of the driver responsible became the broke the law and hit your car.
However, when it comes to an injury that is caused by a defective auto part, you will have to go further to prove the negligence of the manufacturing company as a whole, or perhaps the seller of the vehicle because of changes they made in the design, etc.
How Do You Prove Product Defect
Fortunately, when it comes to auto parts, if there is an injury that is caused because of the defective product with the help of your lawyer you will need only to prove strict liability, no matter to what extents the manufacturer put forward in order to design a safe product. Strict liability claims, unlike general personal injury lawsuits, do not require the proof of negligence on behalf of the manufacturer as long as certain conditions are met. First off, your attorney must be able to prove that the vehicle itself or a specific product was unreasonably dangerous which then led to your accident.
For example, a number of lawsuits and injuries occurred after cars were having unintended acceleration, where the driver would lose control of the car at high speeds. This was clearly an extremely dangerous, and unreasonable, defect. Even in the event that the manufacturer failed to warn the consumers about a danger or concern with the product, by means of a recall for example, they can be held accountable for liability.
Other Conditions That Need to be Proven
The second condition requires that your injury was caused by the defective product only if it was being used in its intended manner. For example, if you were driving at excessive speeds and then your brakes broke while trying to slow down well over the speed limit, the judge may question whether you were using your brakes in a manner that was intended, i.e. while driving the legal limit. Lastly, the final condition that must be met addresses the original design of the vehicle. If the car was significantly changed from the way it was originally marketed, the judge may have a more difficult time agreeing that it was the manufactures fault which led to your injury.
For example, if the engine gave out and you crashed after having put in an entirely new engine meant for seed racing, you may have more difficult time proving the strict liability of the manufacturer of the original car.
Importance of an Attorney
With the help of an experienced Raleigh personal injury lawyer, if you are able to then prove the strict liability of the manufacturer of the vehicle you may be entitled to receive compensation for your injury. In some cases people may also want to not only pursue compensatory damages, but also punitive damages which means that they want to make the entity responsible “pay” for their actions, therefore hurting them financially. This is a way of punishing the defendant for their actions by way of their wallet. In the event you have been involved in a car accident caused either by a defective and dangerous product or by a negligent driver, contact the Whitley Law Firm today to discuss your claim!