People take legal matters into their own hands every day, and sometimes they lose money and property in the process. You can make a legally binding contract without using an attorney, but you are risking missing some big legal loopholes and laws you may not be familiar with that can not only make your contract invalid but can actually cost you in the end. When you are selling or purchasing real estate, tackling the creation of a will or even just loaning money to a friend, a consultation with an attorney can be a positive step. I'll show you when and why you need an attorney.
Many car accidents are caused by driver misconduct. However, some accidents can be attributed to car defects. If you're involved in a car accident and believe that a defect in the car caused the incident, you should consult your auto accident attorney. Here's some basic information on auto accidents arising from car defects.
What Are Some Common Car Defects?
One of the common car defects involves airbags. Sometimes the airbags in a car may fail to deploy. Therefore, if you caused the accident, malfunctioning airbags could make your injuries worse. Furthermore, the airbags may deploy when they aren't supposed to. This can cause you to have an accident.
Seatbelts may also unbuckle after an accident leading to severe injuries. Additionally, if the seatbelt breaks during an accident, this isn't your fault and is as dangerous as unlatching. Other common faults are abrupt unintended acceleration and brake failure. Losing control of your vehicle's acceleration is as dangerous as brake failure. These conditions can lead to severe accidents.
How Is Liability Established When a Car Has Defects?
In accidents involving a car with defects, the burden of proof lies with the plaintiff. Your auto accident attorney should investigate and determine the effects of the defect. They should prove that the defect caused your vehicle to be unreasonably dangerous.
Furthermore, you need to show the defect existed while the manufacturer was in control of the vehicle and not later when another person was responsible for it. Additionally, you may not be able to win the case if the defect didn't cause you any damage. Therefore, your car accident lawyer should also gather evidence that you sustained damages because of the defect in the car.
What Theories Can You Use to Make a Claim Involving a Defective Car?
The most common theories you can use to make a claim for an accident involving a defective car are strict liability and negligence. With the theory of strict liability, you need to prove that the defective part was in an unreasonably dangerous condition after leaving the manufacturer's or seller's possession.
A product is deemed to be defective if it's unsafe for the person who's using it and unreasonably dangerous if it presents more danger than what an ordinary consumer would expect. Moreover, you need to show that the defect is the primary cause of the accident.
Negligence is the other theory your auto accident lawyer can use to support your claim. With this theory, your attorney will show that the manufacturer or car salesman, or mechanic owed you a duty of care. However, they breached the duty, and as a result, you suffered losses.
If you think you have a case, contact a local car accident attorney.Share