vehicle accident insurance claim form

Car Malfunctioned Causing an Accident: Can You Sue?

My Brakes Failed While Driving, Causing an Accident

Personal injury claims usually arise when someone else causes an accident and you want to recover for your injuries.  This also means if you cause an accident, you may be facing a lawsuit from the victims in the other vehicle.  However, there are some situations in which your vehicle may cause an accident and you still can file a claim and recover.  The most common such scenario is when a part on your car was defective or malfunctions, which causes the accident.

The most common defective parts on a car that cause accidents include:

  • Brakes
  • Tires
  • Airbags (sudden deployment)
  • Steering columns
  • Windshield wipers
  • Acceleration controls

Products Liability claims

Manufacturers have a duty to make sure products are reasonably safe for their intended everyday use.  If a manufacturer breaches that duty and the defect in the product causes an automobile accident, the company could be held liable for the costs and losses associated with all resulting injuries and damage.  There are different ways a car part manufacturer could be negligent:

  • Defective design – this means there was a flaw in the actual design of the product, so it was going to be defective no matter how carefully it was manufactured or assembled.
  • Defective manufacture – this means the product was designed correctly, however there were errors in the manufacturing stage.  These defects usually involve shoddy workmanship or poor quality of materials.
  • Defective assembly – in these cases, the parts were made correctly, however there were mistakes made in the assembly process.  Since a car has so many individual working parts, there are plenty of errors that may be made in the assembly stage.
  • Failure to warn – in these cases, the manufacturer knows a certain part may be dangerous or cause harm and fails to properly warn the consumer of the potential danger.
  • Failing to properly inspect a part or vehicle for possible defects.

If a defective car part causes an accident, you could bring a claim against the car manufacturer or distributor to get reimbursed for the damages and injuries to you and your vehicle, as well as other vehicles involved.

Contact an Experienced personal injury attorney for a free consultation

Products liability claims can be complicated and manufacturers will have legal teams working to avoid liability.  If you have been in an accident, make sure you contact the experienced personal injury team of Daniella Levi and Associates as soon as possible to discuss a possible case.

Daniella Levi & Associates P.C.

This article was reviewed and approved by Daniella Levi, Esq. Ms. Levi is an experienced and aggressive personal injury attorney. In practice for over 35 years, she has dedicated her legal career to helping injured persons receive the compensation they deserve. Clients of Ms. Levi have received compensation worth tens of millions of dollars through tireless efforts with settlement negotiations and successful trial verdicts. Read full bio

For all correspondence, please use the Queens office address.

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