Some accidents in life are simply unavoidable. Unlike spilled milk, however, car accidents aren’t something you can simply laugh off. So, what happens your vehicle causes a collision through no fault of your own?
Most often, this scenario takes place when a car has a defect. Failed brakes are a prime example, like this man faced with a 112-year sentence after his truck’s brakes failed and caused a deadly scene. Here’s what you need to know about these types of accidents.
Fighting the System
Looking at the basic elements of these accidents, it always appears as though the driver was at fault. No one would know that your brakes failed until further investigation, for instance. Even when a defect is discovered, it must be proven in court that this was the cause of the accident.
Conducting a proper investigation and making your claim is the first and primary aspect of what happens next. Instead of relying on the police or your insurance company, it’s in your best interest to hire someone who is 100% on your side.
Ideally, you want a skilled legal professional like this Bay Area car accident lawyer Dan H Rose who understands cases like these and has ample experience litigating them in court. This step is critical in proving your claim and avoiding fines or jail time as a result of the crash.
Proving that a defect cause the accident means proving that either the vehicle manufacturer or seller is the one liable since you had no idea the defect was present. Common defects that cause collisions include:
· Body or frame warping
· Brake system failure
· Electrical component failure
· Engine issues
· Exhaust problems
· Fuel system failures
· Lubricating systems malfunctioning
· Steering and suspension failures
· And transmission defects
Proving Your Case
The defect needs to be substantial, simply meaning it was unreasonably dangerous or accident causing. Manufacturing, handling, and shipment can all be the cause of a defect. If the car did have an issue, it was the seller’s responsibility to make you aware of this prior to your purchase.
Your case rests on you not knowing there was a defect or that you did not know any issues your car had could lead to an accident. Receipts of regular upkeep and maintenance help if your vehicle isn’t a new purchase, but your lawyer can help guide you through the process of what documentation you need.
Proving that a defect was the cause of an accident isn’t just about proving your innocence in the case, it’s also about you being the victim of this defect. This issue also caused you to be in the accident, after all.
This allows you to seek compensation, often in the form of punitive damages. These can pay for repairs, a new vehicle, medical bills, time missed at work, and more. Your lawyer will take on this second aspect to the case, as well, helping you get the compensation you deserve. Defects are not the driver’s fault, and the driver should never be held be liable for them or miss out on compensation because of them.