Defect Lawyers Articles
Fight for your rights as a victim of car defect accident with ?Car Defect Injury Claim?
Sometimes when an accident occurs there is actually no one to blame except for the manufacturers of the motor vehicle that is called Car Defect Injury Claim. The goal of this claim is to establish a vehicle manufacturer or seller’s liability for a car defect. It is not important at which stage was the defect in designing, assembling, or handling a motor vehicle, a claim can be made if three of the following conditions exist:
1. The first condition is and “unreasonably dangerous” defect in vehicle or one of its components that caused injury. The defect can be either in the design of the vehicle, could be made during manufacture or during handling or shipment. Also failure to provide information about a dangerous aspect of the vehicle to a customer is considered to be a cause for a Car Defect Injury claim.
2. The injury was caused by the defect while the vehicle was used in a way that it was intended to be. Even if a defect is present a claim can not be made if the vehicle was used in some unusual way.
3. If the vehicle was not “Substantially” changed after it was bought. “Substantially” changed means that the way how the vehicle performs was affected.
If all the three conditions are present the manufacturer or seller can be sued for a Car Defect, but remember that the companies will try to do end the case as “not guilty”. It is best to find a good experienced lawyer before making a claim, or the case will end up very fast.
Punitive damaged have become a very important element in any Car Defect Injury claim over the years. If we analyze the logic of the car manufacturers we will see that huge punitive damages are exactly the thing that matters to them. The formula is cruel but simple. The manufacturer usually calculates the costs of fixing the defect in the design or in a number of produced vehicles and then compares it with costs of litigation and settlement after the defect causes injuries. If the money required on fixing the defects is more than on settlement of the injury cases, the manufacturers would prefer to pay damages. So naturally in every Car Defect Injury Case the punitive damages could be set as high as possible to force the manufacturer to reconsider the design defect.
There is also one type of commonly used defense in Car Defect Injury Claims, but it can be used only if the injured person owned the vehicle for some time. Basing on description of usage of the vehicle the vehicle manufacturer or seller can claim that the person knew about the defect but continued to use the vehicle. This can be also stated after the manufacturer’s or seller’s insurance company has examined the defect vehicle. Also in some cases the manufacturers can claim that the usage of the vehicle and contributory or comparative negligence was the cause of, or a factor in caused injuries.
Originally published here.
Rebecca Brown
Was Your Accident Caused by a Roadway Defect?
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Was Your Accident Caused by a Roadway Defect?
By: Patricia Woloch
Posted: May 14, 2008
Views: 123
Comments: [1]
In most accidents one of the drivers was somehow responsible. Determining responsibility is necessary before anyone can be compensated for their injuries and losses. When an accident is caused by a roadway defect it can make the process very confusing. Roadway defects can give the illusion of driver error. In worst case scenarios an innocent driver can even be convicted of a crime that he or she didn’t commit.
What really happens after an auto accident
Once immediate medical emergencies have been addressed, the first thing that police do after a traffic accident is try to determine what happened and who is at fault. Some act objectively, honestly trying to determine who was responsible for the accident and why. Others are just trying to figure out who to ticket so they can meat their quotas. Insurance companies start looking for someone to blame, preferably someone other than the person that they are insuring. You, the victim, are left in the middle, trying to stay out of jail and hoping that the insurance company of the person who caused the accident will cough up the money that they owe you so that you can get your car fixed, pay your hospital bills, and pay the back rent for the time you missed from work while you recovered.
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In most cases, no one is even checking for roadway defects as the cause of the accident. If it is a known defect, and especially if there is a history of accidents caused by the defect, someone is probably working very hard to cover it up, get rid of the evidence, and do whatever it takes to keep from getting sued.
What is a roadway defect?
It sounds like a technical term, but a roadway defect is anything wrong with the road, including structural or design defects in the road itself, and signs or signals. Roadway defects which often result in accidents include:
• Malfunctioning traffic lights
• Missing or obscured stop signs
• Missing, obscured, or confusing yield signs and other signs meant to control the flow of traffic
• Failure to post warning signs or signals
• Inadequate or malfunctioning warning signs or signals
• Inadequate or insufficient notification of impending conditions such as construction zones, merging traffic, or hazardous weather conditions
• Inadequately with highway division status, line striping and edge lines
• Shoulder drop-offs
• Inadequate or insufficient notification of changes in the shoulder
• Excessive oil and/or gravel
• Debris which has not been removed in a timely fashion
• Potholes
• Defective street lights
• Improper road design
• Dangerous intersections which have not been modified despite past accidents
Who is responsible for accidents caused by roadway defects?
Most roadways are the responsibility of government entities – federal, state, county, or city agencies or departments. This adds a significant layer of complexity to your case. Lawsuits involving government entities are different to lawsuits involving individuals and businesses, and involve different procedures, time limits, and notification requirements.
Revealing and proving roadway defects
Some defects are easy to spot, but not visible to drivers in time to avoid the accident. If you already know that a defect caused your accident, you must collect evidence immediately, before the defect is corrected.
Defects that were not noticeable at the time may begin to be revealed as your review driver and witness statements. For instance, when everyone involved in an accident in an intersection vehemently claims to have had the right of way, it is very likely that a malfunctioning traffic light caused the accident.
Some roadway defects have a history of causing accidents. Some are well documented, and some are not. These defects often go uncorrected to save money and because correcting the defect can be interpreted as an admission of fault, leaving the responsible party open to multiple lawsuits.
Patricia Woloch – About the Author:
If you believe that your accident was caused by a roadway defect contact an experienced auto accident attorney today.
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minnesota personal injury lawyers, mississippi personal injury lawyers, missouri personal injury lawyers, montana personal injury lawyers, motor vehicle accident attorneys, motor vehicle accident lawyers, motorcycle accident attorneys
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Seek Advice from Dangerous Product Lawyer in Protecting your Consumer Rights
Dangerous product lawyer helps you to claim damages for harm done because of using manufactured goods. These products meant for regular uses like as children toys, electronic devices, household appliances, or prescribed drugs, these could become destructive and cause extensive harm to life and property.
It is not uncommon to find cases of consumer goods becoming harmful and causing accidents. Manufactures are bound by product liability law, according to which a manufacturer stands liable for any damage done to a consumer by using its commodity. For any damage caused by usage of a product always seek the assistance of a dangerous product lawyer.
Lawsuits under product liability rule are based on theory of negligence. According to this theory a manufacturer is held negligent when his product causes unintended harm to a consumer. It states that the manufacturer did not take enough precaution while designing, testing or making the product.
Apart from negligence, product liability law also includes two more theories, namely, breach of warranty and strict liability. Warranty is essentially a promise that a product would perform as per certain norms. It could take the form of ‘express’ which is a clear instruction about the longevity or use of the product. Warranty could also be implied which is a presumption about the way a product is supposed to function. Under strict liability rule, a manufacturer deliberately produces a dangerous good.
Especially in Los Angeles, Los Angeles dangerous product lawyer could help you get compensation by proving through lawsuit that is:
i) The product was defective
ii) The product was sent in a defective manner
iii) The defective product caused harm to you.
Through a lawsuit you could claim compensation towards medical costs, loss of wages, temporary disability, suffering and pain, and damage to property.
A court might also award punitive damages if it could be proved that the manufacturer deliberately produced and sold a defective item.
When an accident occurs due to usage of a defective product you should first take medical aid if required. Thereafter the police should be called for making a written report. This is vital evidence without which no lawsuit could be filed. Care must be taken to see that the details of your written report are correct. Never take blame on you for any damage that might have been caused by using a defective product.
Collect and preserve the defective commodity and keep it in a secured place. Also preserve all documents like receipt, user’s manual, product literature, and packaging as evidences.
After having done all these you must promptly retain the services of an experienced dangerous product lawyer. The sooner a lawyer is appointed the brighter is your chance of claiming damages from the producer of the defective good. While filing a product liability lawsuit always appoint an experienced law professional. He would guide and help you to claim proper compensation from the manufacturer.
Originally published here.
Robert Reeves