Human error is the culprit behind nearly 90 percent of car accidents. Considering this statistic, you might assume that if everyone on the road follows the law and behaves responsibly, the risk of crashing would be almost eliminated. Unfortunately, even the safest motorists can end up in serious collisions due to a defective auto part.
If you were hurt in such an accident, you may have grounds for a claim against the company that designed, manufactured, or distributed the automobile or the malfunctioning part. In order to win a settlement or verdict, however, you will need strong evidence to prove liability, which may include:
1. Any Correspondence Regarding a Recall
If the defective part in question had already been recalled, the manufacturer’s efforts to notify consumers will play a role in the proceedings, as will the reason for the recall. If you happened to miss the recall—or you had yet to follow the proposed steps for fixing the issue—that doesn’t necessarily mean you won’t be able to recover damages; however, the defense might use that fact to dispute your claim.
If you were simply unaware of the recall, it may be difficult for the manufacturer to assert that you were negligent. If, on the other hand, you ignored multiple notices over the course of several months, the defense may be able to shift at least some blame to you. And since Mississippi follows a pure comparative fault rule, this would likely reduce the final payout by your own percentage of liability.
2. The Actual Part
The part in question will likely serve as a valuable piece of evidence. It is important therefore that you do not get your vehicle repaired until it can be evaluated by your legal team and any relevant experts.
3. Deposition from an Automotive Expert
Your attorney will have to demonstrate how the defect was a proximate cause of the crash. This may require the deposition of an auto part expert and perhaps an accident reconstruction expert.
4. Deposition from Your Mechanic
Sometimes the manufacturer of a defective product will try to shift blame by claiming that the plaintiff failed to maintain the vehicle properly. As such, your car’s maintenance records and perhaps the deposition of your mechanic could end up being integral to your case.
Call (601) 265-7766 to Speak with a Jackson Car Accident Attorney Today
If you were hurt in a collision caused by some kind of vehicle defect, contact Coxwell & Associates. We have the resources and knowledge to take on even the largest automotive companies.
If we don’t win your case through a settlement or trial verdict, you won’t owe any attorney’s fees. Our team will aggressively fight for the full compensation you deserve, and we’re not afraid to go to trial if the opposing party refuses to cooperate. Call (601) 265-7766 or use our Online Contact Form to set up a free consultation with a car accident lawyer in Jackson.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.