Brakes are a vital part of any automobile, and malfunctioning or defective brakes are a serious danger to both you and anyone else on the roadway. If you are a victim of a defective product you may want to look into West Virginia defective product claims. A Clarksburg product liability attorney can help explain how the process of a product claim works.
West Virginia Defective Product Claims: Fault
A defective product claim from an auto accident differs from a typical personal injury claim. Instead of filing a lawsuit against an individual person, in this case, the lawsuit most likely will be against the manufacturing company of the defective brakes. In some cases the fault will not fall on the company but on an auto shop that overlooked an issue. West Virginia has guidelines of how this would be carried out, and a Clarksburg product liability attorney can go over the guidelines with you. An attorney can have experts investigate your brake failure to ensure that it was in no way a result of your negligence.
Once it can be determined that you were not negligent, then your lawsuit will be filed for compensation of all damages stemming from the accident. This will include medical expenses, property damage and lost wages from work as well as pain and suffering. Either the manufacturing company or auto shop will be responsible for these costs because it is their responsibility to ensure products are safe and will not cause harm.
Danger and Possible Damage Resulting from Brake Failure
If your car brakes do not function properly, you will not be able to stop your car from moving. This type of product failure is extremely dangerous because once you become aware of the issue there is not much you can do, depending on where you are during the time your brakes malfunction. Defective brakes could fail unexpectedly at any time.
Faulty brakes may lead to:
- a collision with another vehicle;
- fatalities or serious injury to you or another driver, passenger or pedestrian; or
- major property damage of your vehicle or another vehicle.
Collisions caused by faulty brakes are often high impact as it can be difficult or impossible to slow down or take other action, especially on a busy street.
If you have been involved in an accident and suffered injury from a defective product, it is very important that you seek advice from a Clarksburg product liability attorney.
Contact a Clarksburg Product Liability Attorney
Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages over 40,000 car crashes, over 400 deaths, and over 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact the Clarksburg personal injury attorneys at The Miley Legal Group for a FREE consultation - 1-304-326-1800.