Accidents Involving Recalled Vehicles F.A.Q.
Frequently Asked Personal Injury Questions Surrounding Accidents Involving Recalled Vehicles
Who is liable for my injuries if I am harmed in a car accident with a vehicle that has been recalled?
Personal injury liability in a case where an accident victim has been harmed and the at-fault driver’s vehicle has been recalled really depends upon a variety of factors. Firstly, personal injury laws indicate liability for injuries suffered in an accident may be attributed to the negligent (or at-fault) driver involved. This is based on the duty of care one has when they get behind the wheel.
Product liability laws indicate liability for injuries suffered as a result of product defects may be attributed to the product’s manufacturer and/or, in some cases, marketers, distributors and potentially retailers involved in the chain of distribution for that product. The reasoning in this case points to the duty of care on the part of those within the chain of distribution to ensure that anyone exercising reasonable care within anticipated usage parameters for the product will not suffer harm as a result.
In the case where a party injured in an accident where the at-fault driver’s vehicle has been recalled, the real question is: What was the actual cause of the accident and the claimant’s injuries?
A vehicle could be recalled for reasons related to the breaking system, while the claimant’s injuries resulted from the driver turning into a busy traffic lane without right-of-way. If it can be proven that the accident and claimant’s injuries were not in-fact caused by the defective breaks, but the driver’s neglect, liability may actually be attributed to the driver.
Should it be determined that the breaks in this example, may have contributed to the accident in that they did not properly function to stop the vehicle when the at-fault driver attempted to avoid the accident (caused by their turning error) liability may in-fact be shared by both the driver and the vehicle’s manufacturer (and potentially other components of the chain of distribution).
So, you can see, the complexities in determining personal injury liability in such cases mount pretty quickly depending upon the factors in the case.
How can I determine whether the driver or the vehicle is at fault in my particular personal injury case?
An investigation is necessary to determine fault in any personal injury claim, especially when vehicles are involved. If the “at-fault” driver is insured, you can be certain their insurer will conduct an investigation to determine fault. However, their job is to reduce financial liability in as much as it is possible. The scope of their own investigations may not actually benefit your claim. It’s extremely important that you conduct your own investigation or retain a qualified and experienced personal injury attorney to mount an investigation of your own to determine the facts of the case and what level of responsibility is at play in your claim.
If you have questions about filing a personal injury claim as a result of a vehicle accident, please call the experienced personal injury attorneys of Bizzieri Law Offices in Chicago at 773.881.9000 and get the representation you deserve.
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