Defective Cars Can Also Cause Accidents
Thousands of car accidents in New Jersey have been caused by defective auto parts. In such cases, an injured crash victim can file a product liability lawsuit using one of the best personal injury law firms against either the maker of the defective car or the dealer that sold the car. Product liability jury awards can average $5 million.
The Reasons for a Product Liability Lawsuit
Product liability lawsuits come about for many reasons. For example, there could be a defect in either the design or the manufacture of the car, or there could be a problem with the vehicle that the manufacturer has not warned the public about.
If any part of the vehicle fails, the maker of that part can be found liable. For example, there was a large product liability action against the Takata Corporation, which manufactures airbags for many different models of cars. Investigators found that the defective airbags launched shrapnel after crashes, causing injuries in many drivers and passengers.
Who Can Be Sued in a Car Accident Product Liability Lawsuit Using One of the Best Personal Injury Law Firms?
Anyone who was involved in the manufacture or sale of a defective car could be a defendant in a product liability lawsuit. Generally, you will sue the manufacturer because they have the deepest pockets, but the rule is that anyone who was a part of the stream of commerce that resulted in you buying the car can potentially be liable for a defect in that auto.
For your purposes, all the court needs to decide is that there was a defect and the defendants are liable. Who bears the liability and what percent they are responsible for will be decided by the court. Of course, a legal representative will try to influence the decision and argue on behalf of the plaintiff.
There have been numerous widely publicized auto accident product liability cases over the years. One of the biggest ones was the lawsuit against Ford for the defects related to the Pinto. In this case, the car was designed where the fuel tank was located in proximity to the rear of the vehicle. When the car was involved in a rear-end collision, the vehicle had the potential to burst into flames or explode. There were numerous deaths attributed to this defect. Ford could have taken action to fix the defect at a relatively low price but did not do so. A jury awarded the plaintiffs in one case $127 million. Even after the verdict amount was reduced, it was one of the largest ever punitive damage awards in that state at the time.
What a Plaintiff Must Prove Using One of the Best Personal Injury Law Firms
There are several things that you must prove in order to prevail in a product liability lawsuit after an auto accident. First, you must show that there was a defect in the vehicle. Not every defect necessarily leads to a liability issue. Only those that make the vehicle unreasonably dangerous can lead to compensation.
Second, you must prove that you were using the vehicle for its intended purpose and in a manner that was not unreasonable or unsafe.
Third, you must prove that you had an injury that was caused by the vehicle.
Finally, you must show that the vehicle was in substantially the same condition as when you bought it and that you did not make any modifications that could have caused the injury.
An auto accident attorney can also help with a product liability claim if it was your car or the other driver’s vehicle that was the cause of the accident. For example, if the other driver applied the brakes in plenty of time but the car just would not stop, it would be the maker of their car as opposed to the driver who would be liable. The auto accident attorney would present the evidence of the defect to the court.
For an auto accident attorney in New Jersey, reach out to RAM Law. We have the experience and resources to wage a product liability lawsuit against a negligent manufacturer. Find out how we can help you if you have been injured by a defective vehicle. Call us at (732) 247-3600 in New Brunswick or (908) 448-2560 in Somerville to set up your initial consultation.