If you think that a defect with your car was to blame for your car accident, speak with personal injury lawyer Boris Lavent. It is easy to assume that a wreck was your fault, but if you were doing everything right and were still in an accident, it’s entirely possible that your vehicle was to blame.
It can be difficult to prove this or to even know where to begin. We can investigate the circumstances surrounding your crash for you and determine what caused it. If it turns out that your car was defective, we will help you pursue your damages from the negligent auto manufacturer that caused your accident to happen.
Common Accidents Caused by Auto Defects
Auto manufacturers have been rife with lawsuits and forced recalls due to product liability cases. Still, many consumers are unaware of the dangers associated with driving certain vehicles and the recall notices that have been issued. Some of these recalls have been issued due to reports of problems experienced by drivers:
- Accidental Acceleration – If your vehicle sped up without you pressing the gas, your vehicle may have a defect that caused the accidental acceleration.
- Not Braking in Time – Brakes wear out over time, but if they were in otherwise good condition, a brake failure could be due to manufacturer error or any aftermarket parts that were installed.
- Failure to Shift Properly – A vehicle failing to properly shift gears can lead to a sudden jerking or slowing down. In this case, you could be left exposed to a potential rear-end accident.
- Accidental Fire – If your vehicle suddenly caught fire with no apparent cause, it is possible that a design or manufacturing defect caused a flammable substance within the car to ignite.
- Steering Malfunctions – Issues with your car’s steering not functioning properly or an inability to actually turn your vehicle could force you off the road during a sharp turn, and it could also be the result of defective parts within the steering column.
Gathering Evidence to Prove Negligence
Proving that an auto manufacturer was negligent and therefore responsible for your accident can require significantly more work than demonstrating another driver rear-ended you. Naturally, further investigation needs to be performed, which could involve doing things like reviewing the safety inspection records for the manufacturer.
Conducting this level of research on your own could be difficult, if not impossible, especially since auto manufacturers do not like to hand over this information. Typically, these documents can only be reviewed as part of the discovery process after a lawsuit is filed:
- Gathering initial evidence in order to file the lawsuit
- Filing a lawsuit in court and naming the auto manufacturer as a responsible party
- Submitting an interrogatory for completion
- Conducting depositions
- Determining product liability
Once the lawsuit has been filed, the car manufacturer will be legally required to answer questions and provide the requested documentation. However, at this point, many auto manufacturers will prefer to simply settle the case.
Going to Court vs. Settling
The goal of a lawsuit is to ensure that you receive fair financial compensation to pay for your injuries, pain and suffering, lost wages, and other accident-related expenses. If an auto manufacturer or their insurance company is willing to give you a fair settlement offer, there is no reason not to accept it if it covers all of your costs.
If they are trying to portray your level of injuries as less than they are and not provide you with adequate compensation, you should proceed to court with the help of a Miami auto defect car accident lawyer from our office.
Call to Ask Questions
Filing a lawsuit and determining negligence can be confusing and overwhelming. We can make the process go much easier, and we are happy to answer any questions you may have. Get the help you need by calling (305) 440-0450 or completing the form below.