Liability for a Vehicle Mishap on the Road – What You Need to Know

In car crashes, most car accident attorneys look at the liability that falls almost only on the drivers, private individuals. In consequence, insurance companies settle up. Some states have no-fault systems. In the rest of the states, damages depend on how much insurance the at-fault driver has. It’s rare that a component of the car is blamed for the accident.

Yet, cars or products malfunction due to design errors or manufacturing defects, and damage is caused. That is when the vehicle manufacturer or product manufacturer can be held liable.

Defective Products Liability

An experienced attorney will bring together experienced professionals highly knowledgeable in motor vehicle crash investigation and reconstruction when he investigates an automobile accident. Your attorney must first determine whether a defective product caused the accident, or if a defective product that’s part of that car had a role in causing a person’s injury.  

Your attorney will assess what caused the car to crash. He will determine if something on the road caused the accident. He will also look at the median, the shoulder of the road, and the bank the vehicle traveled down or rolled down.

When analyzing what caused the accident, your attorney must determine if there was some problem with the car. It could be a tire that had separated and caused the accident. It could be a rim for the tire that had failed, causing a problem with the tire. It could be something in the vehicle that caused it to be unsteady and crash more easily. It could be one of the electronic safety components designed to prevent a vehicle from crashing. Sometimes electronic safety components don’t function the way they are supposed to, the way they were designed.

Maybe something malfunctioned in the safety protection inside the vehicle. For example, a seat belt or an airbag didn’t work. Perhaps a component of the roof of the car has caved in because it was defectively manufactured or designed.

When your lawyer looks at an accident case, he doesn’t just look at the dynamics of the crash, one automobile crashing into another. Your lawyer should also try to determine if the product did what it was supposed to do.     

Accident Reconstruction

Accident reconstruction engineers can detail the nature of the accident site, the car’s actions, and the driver’s actions. They take the measurements for roadway and vehicle analysis. Also, they study the physical evidence and the witness’ testimony. They can often calculate with incredible precision the speed and actions of the vehicles involved in the accident.

Vehicle analyses also have the role of finding possible mechanical issues. The mechanical parts of the automobiles such as brakes, steering, suspension, tires, lights, ejectors, control valves are inspected and tested to find out if their state was a factor in the accident.

A biomechanical engineer is an expert in the fields of physics, engineering, anatomy, and physiology. His role is to analyze the impact of force on the human body. Assessments by doctors on the cause of injuries are not complete because they do not consider the forces of an event. Biomechanics is the specialty that can evaluate rollover injuries.

After finalizing the investigation and identifying the parties responsible for the accident, your car accident lawyer will help you sue and represent you to get the best settlement or the best verdict if an agreement isn’t possible.

This blog post was submitted by the Law Offices of Sean M. Cleary of Miami, Florida.