As number of accidents is increasing day by day, along with this causalities are also on the rise. There is lot of stress given to the preventative measures so that the hazardous dimensions can be negated completely. Indubitably, most of people can prevent serious injuries by doing some simple check-ups of car parts such as a steering wheel, brakes, clutches etc.
According to the stats of NHTSA (National Highway Traffic Safety Administration), more that 2 million people were injured in 2012 due to road accidents. These figures are staggeringly high if we consider safety features used by traffic management and motor vehicle manufacturers. Although there was a huge percentage of accidents happened due to drivers’ fault but still percentage of accidents happened because of defective car parts or equipment were also significant and worth considering.
When these types of accidents happen, then sufferers can recover their injuries and financial loss by opting for a reliable personal injury lawyer to file a lawsuit. Lost income, damage to property, medical expenses, physical and emotional pain, sufferings and treatment for recovering phase etc. are some examples of the losses that can be recoverable. You will get compensation only when you take proper steps and prove your point clearly and strongly. Here it is advisable that whenever you find yourself in a legal situation where you have to file for claims then you need to locate an experienced and well qualified attorney that can guide you through and through.
First of all you need to be aware of the product liability law so that you can ensure that your investments are fruitful on every dimension.
Product Liability Law
The part of the law that allows people to hold manufacturer, designers, retailers and all other parts of commerce that are liable for injuries, happened due to defective parts or a product is known as the Product Liability Law. In this law, you can claim for general problems arise due to three types of product defects and these defects are as follows:
- Defective Design based Claims – Defective design based claims arise when a product is designed in a way that is proves to be dangerous and the accident happened due to the design failure. Most commonly, these types of defects affect all the instances of given product, not just particular lot or batch. In circumstances where motor vehicle accidents happen because of defective designs when some parts such as airbags or brake pads are installed forcefully. In such a situation, disturbed motor vehicle design causes problem and lead to accidents. In rare cases it is witnessed that a manufacturer installed air bags with such extreme force that they didn’t work and drivers faced serious damage that cannot be ignored. Here, you have the right to file for a personal injury claim and are liable to rightful compensation.
- Manufacturing Defect based Claims – This type of claims triggers when a manufacturing defect arise as a product is made in a way that could be dangerous to its user and others. Improper assembly, imperfect material, wrong construction methods, careless workmanship and other manufacturing errors are among common examples of manufacturing defects. As per records, such slight mistakes could lead to major accidents, as many lost parts or bad construction can disturb vehicle’s performance and balance. Such situation can further increase the possibility of accidents as a driver can lose control of the vehicle. People face serious problems with such manufacturing errors and to provide legal help, manufacturing defect based claims are the best option. You can get guidance from a dependable attorney so that you can ensure that you get your compensation.
- Warning System Failure based Claims – It is also known as the defective marketing and these claims arise when a product fails to provide warning beforehand. For example if your motor vehicle’s doors are not locked properly and the security system is not displaying an alarm, then you can face a serious accident.
In normal circumstances, you can opt for legal help with applicable claims using various theories such as breach of express or implied warranty, negligence or strict liabilities. It depends on the situation of accident that and the reasons that have lead to the accident. There can be one or more parties liable for providing the liability claim that is based on a defective vehicle part or vehicle including the designer, manufacturer, designer of specific parts or the retailer that have sold the product to the consumer. It depends on the accident and to gather more information about claims, you should seek for professional legal help. In different circumstances, people face serious financial crisis after accidents but you can avoid such troubles by opting for legal services.
Modern technologies has made our life very easy by providing us with various gadgets but it has complicated the system of motor vehicles. There are huge parts present in modern vehicles and failure of any part could lead to an accident. But the main problem is that parts of motor vehicles can cause an accident when they fail to work properly. That is why car manufacturers regularly check their vehicles, and in case there is a fault of any kind found, they initiate call recalls.
As an owner of a vehicle, you need to be aware about any related recalls, and you need to keep track of various aspects associated with it. Although it is responsibility of every manufacturer to inform their very customer if their vehicle is listed in a car recall, yet you should proactively seek service of your vehicle so that you can come to know about any faults in it. Your vigilant attitude in this regard can help you to avoid any kind of negative scenarios when you are on the road in your vehicle.
Following are various aspects on which call recall can be initiated by a manufacturer:
- Seat Belts – Seat belts are the magical safety gadget that provides protection to people that are present in a vehicle while in an accident. It is the only product that can save your life by reducing the impact of the accident and keeping distance from the steering wheel and dash-board of the car. Federal stats show that 15,000 lives were saved by the seat belts in 2003 all across the nation. Another stats that could show the significance of seat belts is that more than 6,000 people’s deaths occur due to improper use of seat belts or problematic seat belts. Seat belts also save lots of important expenses that are related to medical care ($50 billion nation-wide).
It also protects a person from a first and second collision as the vehicle makes impact with another vehicle or object. For example, if you are driving a car and face an accident, then you will face major injuries with the first collision. On the other hand, a second collision injuries are not fatal comparing to the first collision. If you have perfectly functioning seat belts and you are wearing it properly, you won’t face any serious injuries as all the force will be soaked by your seat belt. If you are using a defective seat belt, you are taking huge risk for your life. Here are some problems that are related to defective seat belts:
- Inertia Unlatching – One of the seat belt problems that people face on consistent level is Inertial Unlatching that occurs in a collision. There are many types of buckles used in seat belts and buckles without a lock for the latch are the main cause behind Inertial Unlatching. According to safety standards, a seat belt should be only unlocked manually so inertia couldn’t affect the driver in a collision. But many manufacturers don’t use the anti-inertia unlatching feature because of its design and patent model.
- False Latching – It occurs when on the first sight people think that they have locked their seat belt but the lock is not intact. It increases chances of ejection from the vehicle while facing an accident. If more than 5 pound of weight pull unlocks the seat belt, it is known as false latching. If you want to avoid serious injuries, you should check your seat belt lock twice before enjoying your ride.
- Durability of seats – You should gather detailed information about the material and locking system of your vehicle to avoid serious damage if a collision occurs. High quality seats can make a significant difference in saving your life.
- Brake Failure – Brakes are the most important part of any car as they stop the running tires to avoid collisions with other vehicles or objects. In case of failed brakes, a driver won’t be able to stop the vehicle and will face serious troubles with controlling its speed; it increases chances of an accident. Modern brakes consist of various parts such as brake lines, brake pads, brake pedals and brake cylinders.
- Windshield wipers – There are numerous people who don’t think that windshield vipers are necessary for their vehicles but their opinion will be changed very quickly if they have to face serious weather conditions, such as snow storm or rain, and their windshield wipers failed. Perfect windshield wipers provide great vision when you are driving through a heavy rain or snow fall, and gives you time to see other objects present on the road. In simple words, failed windshield wipers can lead to a serious accident that could be fatal for a driver.
- Air bags – Air bags are the biggest safety tool that has saved many lives because it protects drivers’ heads from crashing against the steering wheel or dashboard. In some cases when a manufacturer installed defective air bags, people faced serious problems, such as an opened air bag while driving. There are many examples when people met serious accidents including death. In some other cases, defective air bags don’t open at the time of collision and drivers had to face serious injuries. Air bag failure could happen due to an increased amount of explosives that eject the airbag or inappropriate technique used for deploying airbags.
- Failure in the steering mechanism – A steering wheel is the most important part of a car that provides perfect control to the driver. Failure in a steering wheel can lead to serious repercussions including death. There are many parts that could cause a steering wheel failure, such as hydraulic lines, steering gear, tie rods and power steering pumps.
- Tires – Tires is also a very important part of a car that provides perfect control over direction of movement by traction, and in case tires fail to provide proper grip with the road, people may get into serious accidents. There are many other reasons, such as tire blowout without any warning, that usually makes huge impact on vehicle control. Among other reasons are tires failure happen due to low quality rubber is used in the manufacturing process, inappropriately treated tires, poor bond between treads and belts.
- Defective fuel system – It can happen when low quality materials are used for fuel lines or lines are poorly placed in the cars design. It can lead to death if it catches fire after an accident and people are trapped inside.
- Defective acceleration system – It can create a situation where acceleration increases rapidly even when a driver had no intentions to increased speed.
- Failed restraint systems – It happens when car parts could not handle impact of a car crash, which gives a perfect opportunity for major injuries.
The above mentioned defects in vehicles can be blamed on the manufacturer’s fault if it is proved that the vehicle initially had them at the time of purchase. It can be proved easily when other vehicles of the same model and year report the same problems. If a manufacturer fails to initiate the recall process at the soonest time possible, the liability of accidental losses and personal injuries goes to that party.