The Intersection of Products Liability and Motor Vehicle Accident Claims 

 Posted on September 26,2022 in Defective Products

While motor vehicle accidents and product liability claims are frequently thought of as discrete concepts, sometimes, the clear cause of a motor vehicle accident is the defectiveness of a vehicular component. As the manufacturer of a culinary appliance may be liable should the heating element initiate a fire in which people are injured, so may the manufacturer of a car part be liable should a defect in that part cause a vehicle to crash, injuring occupants or others. Rarely is it the fault of a driver when he has unwittingly purchased a braking system, tire, or steering system with dangerous defects. Demonstrating that a vehicular collision was indeed caused by a defective car part can be complex and often necessitates a skilled investigation by a trained attorney. 

Product Liability Claims Process

The process of pursuing compensation may be altered in that rather than filing a claim against a car insurance company, the claim must instead be filedagainst a manufacturer or other party responsible for the vehicle defect. Litigation is more likely in cases like these. The remedy is more likely to be judicially imposed than secured by settlement when there is a question regarding the cause of the accident, especially in cases in which the mandated award could be substantial due to the severity of the harm caused or the number of injured plaintiffs. 

Thus, it is of particular importance that a skilled investigation take place promptly. While the expedient preservation and collection of evidence, particularly that which is found at the site of collision, is always a priority, it is of unique necessity when there is suspicion that a defective product was the proximate cause of the accident. 

Commonly Defective Vehicle Components Giving Rise to Products Liability Claims

Defective auto parts which can cause a collision even in the absence of any negligent driving practices include: 

• Tires - Should a tire fail by bursting or becoming detached from the vehicle resting upon it at speeds, it is likely that the individual operating the vehicle will lose control and collide with other motor vehicles or stationary objects. 

• Brakes - Brakes are essential safety equipment on a moving vehicle, as should they fail, the driver is likely left with no safe means by which to bring the vehicle to a stop before striking another object. 

• Steering components - A driver who has discovered that they have abruptly lost steering ability is likely to brake at once, yet, attempting a rapid stop may not prevent a collision. 

Call a Lake County Products Liability Attorney

Salvi & Maher, LLP is skilled in pursuing financial compensation on behalf of those who have been injured in motor vehicle accidents caused by defective vehicle components. Our experienced Waukegan products liability lawyers will conduct a thorough investigation to establish proof of your accident’s cause. Call 847-662-3303 for a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-213