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Like most states, Connecticut has comparison negligence insurance laws that require car accident victims to prove another party at fault to recover compensation for car accident damages like property damage, medical expenses, lost income, and pain and suffering. In most cases, the at-fault party is a negligent driver. However, a significant number of accidents each year result from a mechanical defect in the vehicle or a malfunctioning part used in the vehicle. These defects can cause an accident or contribute to the severity of the accident or injuries. In a fault-based car accident insurance state, many injured motorists may wonder what to do next when the fault for an accident lies not with another driver, but with the manufacturer of a defective car or car part.
A surprising number of accidents stem from defective car parts or systems. While these accidents only make up about 2% of all car accidents, they amount to more than 120,000 car accidents each year. In addition to accidents caused by a faulty part, defective parts like seatbelts and airbags may cause injuries or worsen the severity of injuries. Common vehicle defects or defective parts that cause accidents include:
Most manufacturing defects in the automotive industry come down to a defective design, a defect that occurred during manufacturing, or a manufacturer’s failure to warn consumers, such as inadequate warning label or operational information.
If you suspect your accident was caused by a defective automotive part or a faulty vehicle, it’s important to have a thorough mechanical inspection of the vehicle after the accident, before it’s repaired or determined as totaled and scrapped. You can also use a cell phone camera at the scene of the accident if you or an uninjured person can move around safely. For example, photographing a blown tire, a broken seatbelt, or a sliding seat helps preserve evidence. Researching to see if there are other complaints of similar problems in your vehicle model or if there is a recall notice on the car or part is also important.
Depending on the circumstances of the accident, an injury victim could recover compensation through a defective product claim against the manufacturer of the faulty vehicle or defective part. If the mechanical malfunction caused the accident or contributed to it, the manufacturer is under strict liability laws requiring them to provide compensation for injuries caused by their product. You could recover compensation for property damage, medical expenses, lost wages, and non-economic damages like pain and suffering.
No one should take on a car accident claim alone, particularly when it becomes a defective product claim. Call the New Haven car accident lawyers who can help navigate your case and pursue all avenues of compensation, including against at-fault drivers and liable car manufacturers or auto part companies. Call Weber & Rubano today for experienced legal counsel and representation.