Companies responsible for producing or manufacturing the parts for vehicles are required to pass rigorous tests which ensure that the safety of the drivers is protected. Anything that goes wrong in excess of 50 mph can have devastating consequences, so the safety is more scrutinized than other industries. If you have been injured because of defective part in your vehicle, you are entitled to bring action and collect compensation for all of your expenses in addition to your pain and suffering. Your medical expenses and lost wages will be covered and in the rare occasion you could collect punitive damages. Punitive damages are meant to deter a company from a particular action by severely punishing them and lowering the possibility of similar behavior in the future.
The most common failures include seat belts and airbags which are now in every vehicle produced. In many states including Michigan, it is required by law to wear a seatbelt and it is heavily enforced, so every car on the road has these two most defective components. Some other defects include a failure of the braking system, loss of steering, engine explosions or fire, and accelerator problems. When bringing action against the company accountable, it’s essential to have a law firm like The Clark Law Office on your side that can investigate the evidence of the case, work with industry experts, and establish the proof that is needed to win your case either in settlement or trial.
Liability in a motor vehicle defect is a bit different from most injury claims made in Michigan. Strict liability is used as the method of determining fault. This means that even if the producer of the defective part states you can bring action against them if you met the following three stipulations:
- The motor vehicle has an unreasonably dangerous defect that this defect is what caused your injury. It doesn’t matter the stage of manufacturing where the defect took place and this also includes the failure of using a warning to make users aware of something that inherently dangerous.
- The injury was caused by the defect while the motor vehicle was being properly used in the way the manufacturer intended for it to be used.
- The shape or condition of the vehicle has not been changed. This condition can be argued and debated, but it means the vehicle must perform in the same fashion as when the vehicle was sold.
The negligent company or your insurance company in the case of a hit and run will most likely not offer the amount you were hoping for. They will have a legal team doing everything in their power to limit the company’s liability in the case and lower your damage recovery. David M. Clark will stand up the insurance companies and big business to protect your rights. Discuss your case today with the attorney who will be handling your case at no charge unless you win at (517) 347-6900.