At the Joye Law firm, our feel cable car accident attorneys frequently handle cases in which an accident was a direct resultant role of defects within the car itself, such as problems with the car ’ second steering system or faulty or defective brakes. In these types of circumstances, you may be able to hold both the car franchise equally well as the manufacturer of the fomite responsible for any injuries and damages you have sustained. If you have been involved in this type of accident, the following offers significant information on who may be held accountable, and the steps you need to take to get the compensation you need to recover .
Automobile Defects a Major Problem in U.S.
For over 40 years, the National Highway Traffic Safety Administration ( NHTSA ) has been creditworthy for setting fomite base hit standards for all cars sold and operated in the United States, and retains the authority to compel cable car manufacturers to issue recalls on vehicles that fail to conform to Federal Motor Vehicle Safety Standards. As a solution, about 400 million cars, trucks, and amateur vehicles have been recalled as the consequence of base hit defects, in addition to roughly 65 million other types of automotive equipment. Improving motor vehicle base hit is the main goal behind setting these standards and issuing recalls, in the hopes of saving lives and reducing car accidents and injuries .
unfortunately, according to recent NHTSA crash statistics, mechanical issues with the vehicle itself were a critical factor in a many as 44,000 accidents in 2015. The NHTSA reports that deoxyadenosine monophosphate many as 10,000 accidents occur each year ascribable specifically to brake failure, which can result in the follow types of collisions :
Bạn đang đọc: What Should I Do if Brakes Fail on a New Car?
- Rear end collisions, due to inability to brake in response to slowed traffic;
- Side impact collisions resulting from inability to brake for traffic signals;
- Sideswipe and head on collisions, caused by switching lanes to avoid crashes caused by brake failure;
- Hitting inanimate objects, such as buildings, guardrails, or utility poles.
How Dealers and Manufacturers Can Be Held Responsible
If you have been injured in an accident resulting from a faulty or defective brake organization, the car franchise adenine well as the car manufacturer may be held liable for damages in the following ways :
Product Liability Lawsuit
Under Section 15-73-10 of the South Carolina Code of Laws, sellers of defective products are legally responsible for any injuries or property losses that occur due to defects that the seller failed to correct or warn the buyer of. Provided you were not made mindful of any defects in the brake system when buying the car, both new and use car dealerships can be held accountable for any injuries you suffered as a solution, regardless of whether the dealer themselves was mindful of the blemish. In cases involving new cars, the car manufacturer may be held liable vitamin a well, for failing to correct defects or to issue a recall.
Xem thêm: How to Drive an Automatic Car
Through a Personal Injury Lawsuit
You may be entitled to compensation for injuries sustained in a car accident resulting from a defective brake system through a personal injury lawsuit, alleging negligence on the part of the seller. Black ’ south Law Dictionary defines negligence as either failing to do something a fair person would do under like circumstances, or actually taking an action a fair person would not take in the same position. Your car franchise may be held accountable for failing to warn you of potential defects in the brake arrangement, or for failing to take the proper steps to ensure the vehicle ’ s condom before selling it.
Getting the Compensation You Deserve for Your Injuries
In order to get the compensation you deserve for your injuries in a car accident as the leave of defective or defective brakes, it is significant to take the postdate steps :
At the Accident Scene:
- Notify law enforcement immediately;
- Get help for anyone who has been injured;
- Exchange contact information, as well as vehicle insurance and registration numbers, with other drivers involved;
- Make note of the circumstances leading up to the accident, and any witnesses who may have been present;
- Seek medical care for your own injuries, regardless of how minor they may appear.
After the Accident:
- Notify your insurer as soon as possible;
- Attend all follow up doctor appointments, and follow all recommendations for treatment and care of your injuries;
- Avoid talking about the accident, its causes, or your injuries with others, and refrain from posting information about the incident on social media.
- Contact an experienced car accident attorney before signing any documents or accepting any settlement offers.
In many cases, policy companies will attempt to deny claims, or try to get you to settle for far less than what your call is actually worth. indemnity settlements often fail to adequately compensate for the medical expenses you are likely to suffer in the future as the result of your wound, and may fail to factor in any suffer wages or permanent wave disabilities you may end up experiencing. once you have accepted a settlement, your legal rights in terms of filing a lawsuit against the car franchise are extremely circumscribed .
Contact a Brake Failure Lawyer Today
If you or person you care about suffers injuries as the consequence of a car crash or collision caused by bad brakes, contact our know brake failure lawyers right away. At the Joye Law firm, we provide the aggressive legal representation you need to assist in getting the maximal total of compensation you are entitled to for the injuries you have suffered, including medical expenses, lost wages, and pain and suffering, angstrom good as punitive damages meant to punish your car franchise or the manufacturer for selling you a vehicle with a defective or bad brake system. Get the intimate, professional legal serve you need and call or contact our office on-line today for a free case consultation .