Car problems are an inevitable part of life. However, while a dead battery or a flat tire are frustrating, they aren’t dangerous. Yet, car problems had while on the road can be major hazards not just to your own safety, but everyone around you. If you have been in an accident, that is bad enough. However, if prior to that accident you were dealing with some sort of malfunction, such as a blown-out tire or faulty brakes, you may be looking for a little justice. Yet, even if your car caused the accident and not any negligence on your part, it is likely that the other party and their insurance company will still try to pin the blame on you, but that might not be quite right. If your car did have a malfunction, there could be another party you could be holding responsible for your damages and those to the other vehicle in some circumstances.
It is possible for your auto accident to transform into a product liability case if the malfunction was caused by the manufacturer. If you can show that the problem was caused by a flaw in the design of the vehicle or a flaw that happened in the manufacturing process, you can pursue a claim with the manufacturer and hold them liable. Unfortunately, this will take an examination by someone very knowledgeable about cars and it can be difficult to go after auto companies. Furthermore, if the cause in question has already been recalled, depending on the time the recall has been out, you may be liable for not visiting a dealer to have it rectified after you have been notified about the issue.
Repair Shop Liability
More commonly when a car malfunctions, it is not so much the manufacturer that caused it due to some defect, but it could have been potentially caused by the repair technician. Over time, your mechanic has a lot more contact with the car and its mechanical functions than the manufacturer. If your vehicle malfunctioned, you may want to have it investigated after the wreck to see if it was a fault in your repair shop that caused the problem. If this proves true, you can hold the repair shop liable. Unfortunately, many independent mechanics don’t have the assets, funds, or even insurance to field a lawsuit like this. However, chain repair shops will often have insurance specifically to cover the mistakes of their employees.
Were You Actually At-Fault?
When a car accident happens due to a malfunction, you may be somewhat relieved to know you might not be held liable, but there are circumstances where this isn’t true. For example, if the malfunction was caused due to your own work on the car, this means that you are still held liable for that accident. Furthermore, if you suspected something was wrong with your car, such as your tires kept losing pressure, or your brakes were a little slower to stop your car, you may be held liable if you didn’t take any action. This falls into the same vein as the aforementioned recalled defects on the part of the manufacturer. Similar to if you received a recall notice and did not take timely action to have the defect replaced, if you knew of a problem but did nothing, then the accident it caused is still your fault.
Have you been in an auto accident in the Los Angeles area? Whether it was caused by a defect or the negligence of another, contact us today. The Law Office of Freeman & Freeman can help you navigate through the complex process of personal injury suits to help you get the compensation that you deserve.