If a defective car part caused an accident which caused you losses such as personal injury or property damage, you could be eligible for financial compensation. A defective car part may originate either from its design, manufacture, or failure to warn about possible risks. It may include flaws in either of the following components;
- Braking, steering, transmission, and suspension
- Fuel systems
- Seat assembly
- Lubrication system
- Steering and suspension
- Electrical/ Wiring systems, among others
All the above stated are crucial parts of a motor vehicle, failure of one or more of the above components could likely result in an accident. As such, several parties could be liable and your defective car part lawsuit might become complex.
Having an attorney guiding you along the process and even conducting investigations can improve your chances of a successful outcome.
In California, the law holds manufacturers or sellers liable for injuries caused by defective products. This means every party involved in the supply chain, from manufacturers, assemblers, car dealerships, wholesalers/shippers to spare parts retailers, could be held liable for a defective car part.
All these parties owe you a duty of care as the consumer and a defective car part lawyer can help you identify and hold the liable parties accountable.
California places strict liability to the responsible party for defective products. Therefore, you do not have to prove negligence in your defective car part lawsuit as long as your case meets the following conditions.
- Your vehicle had a defect unknown to you that caused the accident. Lack of knowledge about the defective car part means you did not assume the risk posed by the defect.
- The defect caused your injuries/accident while you were using the vehicle for its intended purpose. For instance, your claim may be invalid if you used your sedan to ferry logs because it was not built for such use.
- You had not made extensive modifications to your car from the point of purchase which might have led to the defect. This includes changes that may affect the vehicle’s performance.
Defective car part lawsuits are not as straightforward as it seems. Consider seeking legal help, and in your case, an experienced injury attorney in San Diego who’s conversant with defective product liability laws in California.
The need for legal counsel cannot be overlooked. Manufacturers might argue your negligence caused the accident, but you can successfully counter such claims with properly documented evidence.
Also, the worth of your claim is best worked out by a knowledgeable attorney since insurance companies will often seek low payouts in such instances. Remember not to sign any paperwork or engage in any compensation talk without consulting your attorney.
All personal injury lawsuits, which defective car part cases fall under, have a statute of limitations. This is the time within which you can seek legal remedy for your injuries, and in California, it’s usually two years. It is crucial to notify your attorney as soon as the accident happens to set the process in motion; critical evidence can take time to compile.
Another thing to keep in mind is California’s pure comparative fault laws that govern all personal injury lawsuits when it comes to compensation. Each party involved can be allocated a portion of fault depending on the circumstances of the accident. This could reduce the amount of compensation due if you were partially responsible, it also ensures your claim is protected even if you were partly at fault.