What happens when a defective vehicle causes a car accident?
Man Seriously Injured After Drunk Driver Hits Broken Down Vehicle on I-35
According to a KSAT News report, a drunk driver hit two vehicles parked along I-35, seriously injuring a man last night.
Police reported the incident occurred at around 10:30 p.m. on March 27th on the southbound Interstate 35 ramp to Loop 410, south of Rittiman Road. A man in a Buick Enclave pulled over to the outside shoulder due to car trouble, and the man’s brother parked behind him to assist him. Later, a Ford truck drove into the shoulder, hitting the Enclave and causing it to spin. It hit the driver as a result, seriously injuring him. No other injuries were reported. The driver of the Ford was found to be intoxicated and was arrested for intoxication assault.
Did You Know?
Roughly 10,000 car accidents per year are caused by defective vehicles in Texas.
Defective Vehicle Accidents in Texas: What You Need to Know
In a small amount of auto accidents that happen across Texas, neither driver involved is at fault.
When a defective vehicle causes an accident, neither the driver nor the other vehicle they hit is responsible. However, Texas law demands that in order to collect compensation for injuries in an accident, one or more parties must be negligent. Does that mean that you can’t be compensated for injuries if you were hurt in a defective vehicle accident?
If a defective vehicle caused your auto accident injury, you may be eligible for compensation from more than one party. Let’s take a look.
Liability in Defective Vehicle Accidents
Big manufacturing companies sometimes cut corners and release unsafe products on the market. Car manufacturers are no exception. If a defective vehicle causes your accident, compensation could come from:
- The Manufacturer — If they caused the defect or installed a defective part into your vehicle.
- The Designer — If the company that designed the vehicle included a critical flaw that caused your accident.
- A Repair Shop — If you took your vehicle in for repair and they missed something critical or failed to properly fix the defect.
- A Dealer — If they knew the car was defective and sold it to you anyway.
Common Defects That Cause Auto Accidents
Accidents usually occur because of the failure of:
- Tires,
- Brakes,
- Airbags,
- Electrical Systems,
- Steering Systems,
- Windshield Wipers,
- Accelerators,
- and Fuel System Components.
These failures can cause your injury by causing the accident or simply make your injuries worse than they would have been if the part had functioned properly. Either way, a defective product suit can be filed against the responsible party.
When You Can’t Sue for a Defective Vehicle Accident
Not all vehicle defects are the result of faulty manufacturing or design.
The NHTSA estimates that 20% of accidents are caused by improper vehicle maintenance. Tires are one of the most commonly overlooked vehicle part that causes many auto accidents. If the accident is due to a lack of proper maintenance on the driver’s part, the manufacturing company cannot be sued.
The defect must have been caused by the manufacturer or designer to bring a lawsuit for damages.
Injured in a Defective Vehicle Accident? Call Carabin Shaw.
If you were injured by a defective vehicle that wasn’t your fault, you could be entitled to compensation for:
- Medical Bills,
- Missed Work,
- Property Damage,
- Pain and Suffering,
- Anxiety/PTSD,
- Disfigurement,
- Wrongful Death,
- and more.
Call Carabin Shaw to find out if you have a case for free at 800-862-1260 or jump into the live chat to get started. We look forward to serving you.
Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.