When Is The Car Manufacturer At Fault for an Auto Accident?
According to Florida Highway Safety and Motor Vehicles (FHSMV), the year 2019 saw more than 400,000 reported auto accidents. The organization noted various crash types, from pedestrian crashes to hit and runs. But there’s one question they don’t answer: When is the car manufacturer at fault for an auto accident? Automotive Defects and Car Accidents The car manufacturer is at fault if their product is defective. In the case of an auto accident that may be the fault of the vehicle itself, you’ll need to know what kind of defective products hold weight in court. This is just as important whether you’re dealing with a rideshare accident or a crash from your personal vehicle. Here are three different types of defective products from a car manufacturer that you can consider: 1. Design defects: This is a defect that’s rooted in the design of the product. It includes any design flaw that makes the overall vehicle unsafe for driving.2. Manufacturing defects: The vehicle’s design may be just fine, but perhaps the manufacturing is flawed. In this case, you’re dealing with a manufacturing defect, which means the vehicle has been made unsafe for driving as a result of manufacturing that doesn’t reach the required or expected standards.3. Warning or label defects: Even without a design or manufacturing defect, the car manufacturer may still be at fault. If there are dangers in the product, the automaker is required to provide adequate warnings or labels. Without this, they have failed to warn the driver of risks associated with product use, therefore making them liable for the accident. These defect categories can materialize in a few different ways. For instance, you may experience defects in your tires, airbags, steering system, fuel system, computer, seats, wiring or seatbelts. Car Manufacturer Liability When you want to hold a car manufacturer liable for a defective product that resulted in an auto accident, you’re aiming for one of three types of liabilities: 1. Strict: Strict liability makes the car manufacturer at fault for any damages resulting from their product’s defect, whichever type of defect it may be. You don’t need to prove negligence or even defect awareness. Rather, it’s enough that the product caused damage (like injury) to infer strict liability.2. Negligence: If a car manufacturer proceeds with design, manufacturing or otherwise while knowing the product may cause harm, they are negligent. Proving this gives way for negligence liability.3. Breach of warranty: Vehicle manufacturers include both implied and explicit warranties when selling their products. If you can prove that the vehicle’s defect actually breaches either of these warranty types, you can fight for breach of warranty liability. Today, this is the least common type of liability you’ll see in the court. If you can prove any of these liabilities in Florida court, you may receive compensation — otherwise known as damages. You could receive money for your medical bills, lost income, pain and suffering, disability and disfigurement or even loss of life enjoyment (all of which depends on the severity of the auto accident and your ability to prove the car manufacturer was at fault). Evidence To Prove The Car Manufacturer Is At Fault For Your Auto Accident If you’ve decided that your car manufacturer is, indeed, at fault for your auto accident, take the time to gather the following evidence (where applicable) to prove their liability: Proof of vehicle defect, personal injury and causation between the two Proof of damage All police reports of the incident Witness statements Vehicle warranties, instructions, warnings and labels Medical records and interviews Testimony of others with the same vehicular defect Car Manufacturers Have an Obligation of Safety When a vehicle brand sells their product, they automatically have an obligation to keep their drivers safe. That’s why we have the National Highway Traffic Safety Administration (NHTSA) in the first place — to hold auto manufacturers accountable when things go awry. Even when a make must implement a recall, they need to be on the ball. Unfortunately, that’s not always the case, and auto accidents do occur as a result. By knowing when a car manufacturer is at fault for an auto accident, you’re empowering yourself to take action and receive the restitution you deserve. Reach out to the car accident attorneys at Porcaro Law of Delray Beach, Florida to work alongside you for your auto accident claim.
Motorcycle Accidents: Everything You Need to Know
What To Do After a Motorcycle Accident As most know, motorcycle accidents can be life-threatening and traumatizing. If you are ever involved in a motorcycle accident, your priority should be getting healthy and recovering from any injuries or trauma. Peter Porcaro at Porcaro Law Group understands that motorcycle accidents can bring about serious injuries and damages. He will assist you with maximizing the value of your case and help you pursue the compensation you deserve. Peter has over a decade of experience in personal injury law and has served hundreds of clients in the South Florida region. First Steps If you are involved in a motorcycle accident, you should first call 9-1-1, regardless of the situation. Once you are safe, it’s important to exchange insurance information with the other drivers involved if you are able to do so. This will help you later on after your medical injuries are taken care of. If you are capable, you should also speak with a police officer or on-scene investigator and tell them everything you remember about the motorcycle accident. Take extensive notes and share key details about what occurred with the officer. Seek Medical Treatment If you are injured, you should go directly from the scene of the motorcycle accident to a nearby emergency room via ambulance. Be clear about the pain you are experiencing and be sure to follow through with any treatment recommendations after leaving the facility. Injuries and damages sustained in a motorcycle accident can be serious and life-changing for all involved. Common injuries include: brain injuries, fractures, broken bones, spinal cord injuries, and more. More often than not, one emergency room visit isn’t sufficient enough to correct the injury caused by the motorcycle accident. The patient will typically have to see a doctor or series of doctors for months following the motorcycle accident. Physical therapy is often warranted for a period of time as well. This can become pretty costly if you are not prepared. Reporting A Claim In general, you should always file a claim with your insurance company after the motorcycle accident — even if you didn’t sustain serious injuries. Florida is a no-fault state, which means your own personal injury protection coverage should cover all of your medical bills and lost wages up to $10,000. If your bills and wages exceed $10,000 or if you a sustained permanent injury, you might be able to file a lawsuit directly against the at-fault driver. Contact a Motorcycle Accident Attorney Peter Porcaro at Porcaro Law Group is an experienced motorcycle accident attorney in Florida. He understands the hardships you might face when dealing with a motorcycle accident. He will guide you and handle the legal part of your case while you heal and become more stable. Please contact us today to schedule a free consultation or give us a call at 561-286-7561.