Defective car components
Cantor Crane, car accident lawyers in Phoenix, Arizona know that many auto accidents are not the fault of the driver when the vehicle involved in a crash is operating with defective car components. Personal injury and property damage claims resulting from an accident involving vehicles with known defective auto parts can also fall under the strict liability doctrine that does not require a plaintiff legal counsel to prove negligence on the part of the manufacturer, so they can be high-value claims. All that is required of the plaintiff legal representative under strict liability is that the accident occurred and the defective part in question was on the vehicle at the time of the crash and malfunctioned. Many times all individuals injured in the crash will be able to recover full damages, including the driver of the auto with the defective car part. The comparative negligence percentage for all vehicles involved could also easily result in a zero fault rating.
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Some accidents are actually what they are called. They are accidents. Many times the accident reconstruction experts cannot determine a distinct cause for an accident, and further investigation goes to the physical condition of the vehicles after the crash. If the vehicle is on the product recall list and has no repair documentation, it could easily be considered the cause of an accident by virtue of prior legal recall action. A product recall is considered a legal document because the government is forcing compliance from the part manufacturer. But, when a defective car part is the culprit and is not yet recognized by a NHTSA recall, your car accident lawyer in Phoenix can conduct an investigation into the condition of the vehicles in addition to the reconstruction experts determination in building a competing argument that the wreck was caused by a defective product. But, isolated incidents of broken parts can be problematic without reasonable documented proof within a preponderance of the evidence that the part was the causation.
Single Car Accidents
Single car accidents with no apparent reason that occur when the operator is within all limits of the law can often be attributed to defective car parts. But, if it can be determined the operator was speeding at the time of an accident, it can be difficult to blame to the wreck solely on a defective part. The same is true for intoxicated drivers. But, instances such as the exploding Takata air bags during operation can be easily found to be causation. Now that the NHTSA has expanded the air bag recall to practically every vehicle on the contemporary market, this will be a very common investigation by an experienced car accident attorney. While accidents can be caused when a driver is attempting to avoid colliding with an animal or person, many times the part will break in the avoidance procedure. This is when your legal counsel is invaluable if they can prove the vehicle part was the ultimate reason for the crash.
Multiple Vehicle Crashes
Multiple vehicle crashes can be extremely difficult to unravel when a defective part vehicle is involved because the chain reaction complicates the issue greatly. However, when a commercial vehicle is involved, a malfunctioning part can also be the result of failure to maintain proper inspection of the vehicle. While a defective part manufacturer could be held responsible under the strict liability doctrine, the commercial vehicle operator and shipping company could be negligent as well if they have failed to properly inspect the rig and log the inspection per operating rules. Never assume that you can only collect damages from the driver who hit your vehicle. If any of the vehicles involved are on a recall list for defective parts, the manufacturer could be held more responsible than the operators. These are very complicated cases that are strongly defended, and having solid legal counsel can be the difference between being made whole by multiple negligent parties or receiving very little damage compensation.
Never attempt to settle an accident claim without consulting with a car accident lawyer who is experienced in representing victims of potential car part manufacturer negligence and product liability. It always takes solid legal representation to prosecute these claims, and you can rest assured the defendant will have a team of lawyers attempting deflection of responsibility. You need your own team that is focused on ensuring that all of your legal recovery rights are protected.
Contact Cantor Crane today at (602) 254-2701 for a free initial consultation.