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Motor Vehicle Accidents- Defective Motor Vehicles
Defective motor vehicles contribute to many accidents in America each year. Personal injury claims for automobile accidents caused by vehicle defects are often some of the most complicated because it must be proven that an error on the part of a manufacturer or seller contributed to the accident. However, strict liability provisions do not stipulate that it must be proven that carelessness contributed to a defect, only that a defect contributed to one’s injury while in use, and that the vehicle was not significantly altered from the condition it was in at the time it was originally sold.
Hiring a qualified personal injury attorney to assist with a legal claim related to an accident caused by a motor vehicle defect may be in one’s best interest for getting just compensation. Defects in vehicles can be attributed to design, manufacturing, distribution, or handling. To prove that a manufacturer or seller is liable for an accident, it must be shown that a defect was created during one of these processes or that there was insufficient warning about potential dangers that contributed to the accident. The vehicle must have also been used as it was intended during the time of the incident and not in an unusual way.
Getting Restitution
Medical expense reimbursement, pain and suffering, loss of wages, and punitive damages are common types of restitution paid by manufacturers or sellers who have been found legally responsible for one’s injuries. In some cases, manufacturers may determine that correcting an issue or making vehicle modifications would cost more than litigation or settlements later on and therefore refuse to make changes. Punitive damages, however, are monies awarded in addition to compensation and are intended to punish manufacturers and sellers that do not correct problems. Fear of incurring these damages should encourage manufacturers to correct a problem, thereby lessening the chances of a person getting hurt.
Avoiding Damages?
When a strict liability claim is filed against a seller or manufacturer, they may have several defenses for why they are not liable for damages. Common excuses are related to the age of a vehicle, continued use after a defect is discovered, and factors that suggest victims contributed to their own injuries. It is highly advisable to seek effective legal counsel when companies attempt to avoid paying damages by shunning liability.
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