Determining Liability after Auto Accident Caused by a Defect
You will need to prove who is liable if a defective car hurt you. In order to do so, you will first need to determine the type of defect. If it was a manufacturing defect, only a limited number of vehicles were affected. If it was a design defect, the problem can be more widespread. A personal injury attorney inMarionCountycan help gather expert witnesses and other evidence to determine the type of defect your vehicle has.
Once you have determined the defect and injuries, the rest of the case is much easier. Under a rule called strict liability, the manufacturer or seller of the vehicle must prove the plaintiff incorrect. If the defect does exist, it must be shown that the benefits outweigh the risks.
Unlike other types of injury cases, no relationship between the injured party and the seller or manufacturer of the vehicle needs to exist. A plaintiff can be anyone who was injured by the vehicle. This can include pedestrians or passengers of the vehicle.
Even if there is misuse of the vehicle involved, the lawsuit can still stand. The vehicle’s manufacturer is expected to assume that people will exceed the speed limit, for example. In some cases, the vehicle owner can be considered partially negligent. However, if there is in fact a defect found in the vehicle, the manufacturer must be held, at least, partially liable.
Contacting a Lawyer
Those who are involved in auto accidents caused by automobile defects need qualified representation. If you need a personal injury attorney in Marion County, contact the Miley Legal Group. Their legal staff has more than 15 years of experience and is dedicated to personal injury victims. Call them today at 304-931-4088, and ask for your free book, 7 Fatal Mistakes that will Wreck your West Virginia Accident Case