What You Need to Know About Proving a Defect after an Automobile Accident
Not all accidents are caused by a driver's behavior. Some are due to faults in a car, and in some cases, the car's manufacturer will be found liable for the accident. However, you will need to prove this after the car accident. Here are the steps to take to do that.
Preserve the Evidence
You need to keep the evidence to help prove that there was a fault. This is why it is so important to get in touch with a personal injury attorney as soon as possible. The attorney will be able to ensure all evidence is preserved to check for a potential fault.
If there are a group of drivers with the same car experiencing the same fault, other cars from the same manufacturer from the same manufacturing period may be used to check for this fault.
Determine the Type of Defect
There are three types of defects that can occur, and what kind of defect was present will need to be determined. A design defect is when the design of the vehicle is flawed enough to cause injury. A manufacturing defect is created after the design work is done and would mean the vehicle was put together incorrectly. A warning defect is when someone involved in manufacturing or designing knows about the defect but has failed to inform the public.
Prove the Defect Caused the Accident
The next stage is to prove that the accident was caused by the actual defect. While the car may not have been fit for purpose, the driver's distracted driving may have actually caused the accident. This would mean the liability is still with the driver despite the vehicle being defective. The driver will also need to prove that the defect was a manufacturing defect and not a problem the driver caused by having work done to the vehicle.
The driver would also need to prove that he or she didn't know there was a defect before driving. If the driver knowingly drove with a defect, that could lead to the driver being found guilty of dangerous or negligent driving rather than the manufacturer being found liable for the accident. A driver needs to ensure his or her car is roadworthy and safe at the time of driving.
The NHTSA states that 2009 saw about 30,000 people die in traffic accidents. Not all of these accidents were due to defects in a car, but some may have been. You will need to prove that the defect caused the accident and that you didn't know about it at the time of driving.