Were you injured in a Car Accident caused by a Manufacturing Accident? Choose an Experience Personal Injury Lawyer. Choose Parker Scheer LLP.
In some cases, a motor vehicle accident is not caused by an individual operator, but rather by some product defect in the car that led to the accident. A defect can be a manufacturing defect (where a particular car is defective) or a design defect (where an entire model line is defective). Figuring out the type of defect involved and whether an injured person would be able to prove that the defect caused the crash can be very complex and require the assistance of engineering experts familiar with the manufacture of motor vehicles.
When investigating the cause of a crash after an accident, it is imperative that the all the evidence is preserved, including the car. While this may seem obvious, in crashes involving serious damage to the vehicle, all too often the property damage claim will be resolved and the insurer will salvage the vehicle. Once a vehicle – and all the evidence included in it – is gone, it will be nearly impossible to prove that the vehicle was in fact defective prior to the crash. Therefore, it you believe that a defective product caused or contributed to a crash, it is important to retain an attorney immediately so as to ensure that all evidence is preserved and maintained in the proper manner. Considerations such as where the vehicle is stored, which individuals have access to the vehicle and what types of testing are done on the vehicle are all important and can have negative consequences if not followed.
While maintaining evidence as status quo is important, it is also important to be able to perform an investigation into the happening of a crash to uncover whether a viable claim exists. In order to perform some testing while not impacting the integrity of the evidence, the law allows for non-destructive testing to take place. Non-destructive testing includes taking photographs, measurements, and other testing that will not impact the integrity of the vehicle. If a lawsuit is filed and destructive testing needs to occur, the parties can usually agree on testing protocol that sets forth the exact nature of the destructive testing and ensures that all individuals are present during such testing.
In November 2012 alone, the National Highway Traffic Safety Administration noted three (3) major product recalls involving product defects of vehicles. These include the 2012 Toyota FJ Cruiser for faulty Toyota racing development kits, the 2013 Cadillac XTS for faulty head restraints that may not lock, and GM recalled certain 2012 Buick and Chevrolet models for faulty driver’s-side airbags. A recalled vehicle is not required to bring a product liability case. In fact, cases brought by injured consumers tend to initiate product recalls by a company.
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If you have suffered an injury in an auto accident due to a manufacturing defect, contact our car accident attorneys for a free confidential case review and receive a response within hours, or call (617) 886-0500 . If you need a car accident lawyer outside of Massachusetts, contact us for a referral.
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