What Should I Do If I Am Injured in a Car Accident Caused by a Defective Vehicle?

Car accidents are stressful, but they become even more complicated when caused by a defective vehicle. Unlike accidents resulting from driver negligence, those involving a vehicle defect often require additional steps to prove fault and secure compensation. Here’s what you need to know and do if you’ve been injured in such a scenario.

Prioritize Your Safety and Health

Your health is the most important thing following any car accident. If you’ve been injured, seek medical attention immediately. Even if your injuries seem minor, you may have underlying issues that could worsen without treatment. Visiting a medical professional also creates documentation of your injuries, which can later be used as evidence in your case.

Gather as Much Evidence as Possible

Proving that a vehicle defect caused the accident requires solid evidence. Vehicle manufacturers often have deep pockets and legal teams ready to dispute claims. To strengthen your case:

Photograph the Scene: Take clear pictures of the accident scene, the vehicles involved, and any visible damages. Be sure to capture:

Damage to all vehicles involved

Any unique aspects of the scene, like road conditions or skid marks

Your injuries and those of other parties involved

Collect Contact Information: Get the names, phone numbers, and insurance details of all parties involved in the accident, as well as any witnesses who may have seen what happened.

Preserve the Vehicle: The defective vehicle itself is a critical piece of evidence. Do not let it be repaired or disposed of without consulting a lawyer, as it may need to be inspected by experts to determine the nature of the defect.

Document Your Experience: Write down your account of the accident as soon as possible while your memory is fresh. Include details like what happened before, during, and after the crash, and any unusual behavior of the vehicle.

If you’re unsure how to proceed, click here to connect with an experienced car accident attorney in your area who can guide you.

Understand Common Vehicle Defects

Some defects that can cause accidents include:

Brake Failures: Sudden inability to stop or slow down.

Tire Defects: Blowouts or tread separation leading to loss of control.

Steering Malfunctions: Problems causing the driver to lose the ability to steer properly.

Airbag Failures: Airbags that fail to deploy or deploy unexpectedly.

Electrical System Issues: Problems affecting critical systems like lights or ignition.

Knowing the type of defect involved can help focus the investigation and build your case.

Work With a Car Accident Lawyer

Vehicle manufacturers are motivated to fight defect claims, as they can lead to costly recalls or damage to their reputation. An experienced car accident lawyer can:

Subpoena Evidence: Manufacturers may withhold key information, such as maintenance records or prior complaints about the defect. A lawyer can compel them to release this data.

Coordinate Expert Testimony: An expert may be needed to inspect the vehicle and testify about the defect and how it caused the accident.

Negotiate on Your Behalf: A lawyer can negotiate with insurance companies or the manufacturer for a fair settlement.

Represent You in Court: If your case goes to trial, an attorney can present evidence and argue for maximum compensation.

To get started on building a strong case, click here to consult with a skilled car accident lawyer.

Beware of Early Settlement Offers

Manufacturers or their insurance companies may approach you with an early settlement offer to avoid prolonged legal battles. While it can be tempting to accept quick compensation, these offers are often much lower than the value of your claim.

Additionally, early settlements might come with clauses preventing you from discussing the case publicly or pursuing further action. Always consult your lawyer before agreeing to any settlement to ensure your rights and best interests are protected.

File a Claim or Lawsuit

Once you’ve collected evidence and consulted with your attorney, you may proceed with filing a claim against the manufacturer or another responsible party. This could involve:

A Product Liability Claim: This focuses on proving the vehicle’s defect caused the accident. You may need to show:

The vehicle or part was defective.

The defect caused your injuries.

You were using the vehicle as intended.

A Personal Injury Claim: If you suffered physical, emotional, or financial damages, you can seek compensation for medical expenses, lost wages, pain, and suffering.

Stay Patient and Persistent

Cases involving vehicle defects can take time to resolve, especially if they involve large manufacturers. Be prepared for a potentially lengthy process, but know that patience often results in better outcomes.

Conclusion

If you’ve been injured in a car accident caused by a defective vehicle, acting quickly and strategically is crucial. Seek medical attention, gather evidence, and work with a knowledgeable car accident lawyer to navigate the complexities of your case. Avoid settling too early, and stay focused on achieving the compensation and justice you deserve. Click here to connect with a trusted attorney and start your journey toward resolution today.