When to Sue a Car Manufacturer After an Accident in Georgia
Maha Amircani, a motorcycle accident lawyer in Atlanta at Amircani Law outlines the most important information to know if you’ve been involved in a motorcycle accident in Atlanta.
Author: Maha Amircani, Founder, Amircani Law, LLC
Maha represents clients in state and federal court litigation as well as administrative proceedings. Her practice specializes in the areas of personal injury, criminal defense, and real estate closings. Published on: November 09, 2021. Last updated on: December 03, 2021.
Knowing when to sue a car manufacturer after an accident is crucial to ensure you obtain the compensation you deserve. Learn more here.
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When to Sue a Car Manufacturer After an Accident
Most accidents occur due to a driver’s carelessness, bad roads, or bad weather. However, a vehicle manufacturer can be at fault, too. Car manufacturers can sell defective vehicles leading to car accidents on the road, which happens more than you may believe.
Vehicle manufacturers are required to manufacture and produce vehicles that do not pose an unreasonable risk to consumers. When vehicle defects lead to dangerous car accidents, those involved can face severe injuries and significant financial burdens.
When Can You Sue a Car Manufacturer for an Accident?
In that case, the vehicle’s manufacturer can be held liable for selling you a defective car, and you have the right to sue the manufacturer. To win your defective product case, you must gather evidence that holds the car manufacturer responsible for the car crash. You can sue the vehicle manufacturer when:
- The car posed or showed signs of posing a reasonable risk to you, your family, or your friends.
- The manufacturer produced another safer model of the vehicle or another safer version of the car.
- Structural defects such as transmission failure, defective brakes and steering, unsafe seat belts, airbag deployment at the wrong time, and defective tires were the direct cause of your severe injuries.
Can You Sue Car Manufacturers? Suing a Car Manufacturer for Wrongful Death
You have every right to sue a manufacturer whether it led to wrongful death or not. If the accident was due to vehicle defects, then you can sue the manufacturers. Such cases fall under product liability, an area of law that addresses situations that arise when a product causes a personal injury or wrongful death.
Additionally, a vehicle parts manufacturer can also be sued if the defect generally involves a specific part of the car. You can also go further to sue the car dealership that sold the car to you.
After an accident that has been caused by a defective motor vehicle, you can file a claim under product liability law, but it’s best if you hire car accident lawyers to do this for you.
Reasons to Sue an Automaker for Accident
You are entitled to sue your vehicle manufacturer if the vehicle has caused severe damages.
Suppose you obtain injuries from a car accident caused by defective products. In that case, you will have to file a personal injury suit against the manufacturer to claim compensation for injury-related damages. Such damages include lost wages, medical bills, and pain and suffering.
Why You Need to Sue a Manufacturer for Wrongful Death
You can also sue the vehicle’s manufacturer if the defective vehicle caused an accident that led to the wrongful death of a loved one. While no amount of money will bring your loved one back, it can minimize the financial burden of your loved one’s death. When expenses such as burial costs and future earnings are covered, surviving loved ones may find it easier to be together and grieve.
Types of Defective Products Claims
When it comes to defective product cases, three major types of defects typically apply. They include:
These defects may occur during the creation process of the product in question. This may lead to brakes not performing as expected due to poorly crafted brake assembly, thus creating damage.
An example of a design defect in a vehicle would be a top-heavy construction that would make a car roll over. Design defects involve those designs that are going to cause harm or injuries due to their inherent flow.
An example of such marketing defects involves offering assurance to people or buyers that the product is safe to use and has abundant safety features. Marketing defects occur when an advertising campaign encourages the use of the product even though it secretly possesses defects.
Is It Possible to Sue a Manufacturer if You Can Show That the Vehicle Was Not Crashworthy?
A car’s crashworthiness involves the ability to protect drivers as well as passengers during an accident. There are specific scenarios where you get injured in an accident, but the defective vehicle parts are not the reason for the vehicle accident nor the injuries.
In that case, you can still ask your truck accident attorney to help you sue the manufacturer if you can prove that the vehicle was not crashworthy. Regardless of the cause of the car crash, when these safety measures fail, it is enough proof that the vehicle was not crash-worthy.
According to the U.S. National Highway Traffic Safety Administration (NHTSA), manufacturers at all times must produce cars with proper protection for all occupants in case a crash occurs. In such crashworthiness cases, you need to prove that the injuries you obtained from the accident were due to the car’s un-crashworthiness. You can also state that the injuries you may have obtained were made worse due to the un-crashworthiness.
Examples of a vehicle not being crashworthy are:
- Seat collapse
- Roof collapse
- Window glazing effects
- Child car seat failure
- Fuel system defects
- Dangerous seat belts
Do I Need an Attorney to Sue a Car Manufacturer for an Accident?
You definitely need a car accident lawyer to help you with your personal injury claim to recover damages caused by the manufacturing defect. To seek compensation from your manufacturer and insurance company, you will be required to bring a product liability case. Since you are not conversant with product liability laws, an attorney can guide you through the whole process.
Benefits of Hiring a Lawyer for Car Manufacturer Lawsuit After an Accident
Having an attorney at bay will also protect you from insurance companies and, at times, car manufacturers who may take advantage of and exploit you. A car accident attorney will vigorously document evidence which contributes to the narrative that a vehicle defect caused the damages. With such evidence, it will be hard for the vehicle manufacturers and insurance companies to establish a lack of liability.
A good lawyer will also help you get total compensation for all the damages and injuries incurred. This may not be the case when you choose to represent yourself. The vehicle manufacturer and the insurance companies are likely to convince you to settle for a lower amount than expected. With a lawyer, you can be sure that you will get the maximum amount owed to you.
Talk to the Best Car Accident Lawyers for Your Car Accident Case
You should never have to pay for a vehicle manufacturer’s mistakes or negligence. Our Atlanta law firm has helped countless car injury victims obtain the compensation they deserve, and we’re prepared to help you, too. We offer a free case evaluation with an experienced Atlanta auto accident lawyer, and you pay us only when you win your case!
If you or a loved one has been injured or killed due to a suspected manufacturer error, make sure to call us today and get your free case review. When you turn to Amircani Law, we will work tirelessly to ensure you do not pay for your manufacturer’s negligence.