Car Accidents Caused by Defective Parts in New Jersey
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Most car accidents get caused by a failure on the part of one of the drivers. Someone suffers from a moment of inattention or a lapse in judgment, and a collision results.
Yet sometimes there’s a invisible third party in the accident: the automaker or or the auto parts manufacturer. There have even been auto accidents caused by defective parts that have had a single party, instances where victims have slammed into guardrails or trees.
Even when the defective part doesn’t cause the crash it can exacerbate the injury. For example, a recent lawsuit addresses airbags that eject dangerous shrapnel after impact. Some airbags explode after impact. When a manufacturer’s work makes your injuries worse, they should pay their share of the compensation, too.
How do you know a defective part might be involved?
A sudden failure of breaks. A cruise control system that shifts the car into rapid acceleration before a driver can respond. Accelerators that stick, causing the car to careen out of control.
Any time the car functions in a way that is abnormal or unexpected, you might have a defective parts suit on your hands.
Can you sue for a defective parts injury on a recalled product?
Auto manufacturers issue recalls all the time, but the presence of a recall does not necessarily bar you from filing a defective parts lawsuit. The presence of a recall can, however, be used against you in order to help assign you a higher percentage of contributory negligence if you had sufficient time that you knew or should have known about the presence of the defect.
The manufacturer does have to prove that you received direct notice of the recall and that it contained adequate warnings that should have spurred you towards addressing the problem.
Who is the responsible party?
Identifying the responsible party in a defective auto parts case is one of the challenges that your lawyer will have to tackle on your behalf. It could be any one of a number of parties, including the individuals who sold you the car, the individuals that sold you a part, or the manufacturer of the car part.
Once we have identified the responsible party we will start the process by crafting a demand letter. This will assert that we believe the identified party to be the cause or partial cause of your injuries, that you have sustained losses, and that they should compensate you for those losses.
This will then begin a negotiation with that company’s business liability insurance policy, the entity that is most likely to pay the claim. Most of these settlements happen out of court. Only about 8% ever go to trial.
Get Help Today
We are experienced personal injury attorneys, and our experience helps us spot instances where defective auto parts might play a role in your case.
You have just two years to file your claim, and waiting rarely helps. Reach out to Smith Doran to schedule your case evaluation today.
See also:
5 Things to Discuss With Your New Jersey Personal Injury Attorney
What New Jersey’s No-Fault System Means For Your Personal Injury Case
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Most car accidents get caused by a failure on the part of one of the drivers. Someone suffers from a moment of inattention or a lapse in judgment, and a collision results.
Yet sometimes there’s a invisible third party in the accident: the automaker or or the auto parts manufacturer. There have even been auto accidents caused by defective parts that have had a single party, instances where victims have slammed into guardrails or trees.
Even when the defective part doesn’t cause the crash it can exacerbate the injury. For example, a recent lawsuit addresses airbags that eject dangerous shrapnel after impact. Some airbags explode after impact. When a manufacturer’s work makes your injuries worse, they should pay their share of the compensation, too.
How do you know a defective part might be involved?
A sudden failure of breaks. A cruise control system that shifts the car into rapid acceleration before a driver can respond. Accelerators that stick, causing the car to careen out of control.
Any time the car functions in a way that is abnormal or unexpected, you might have a defective parts suit on your hands.
Can you sue for a defective parts injury on a recalled product?
Auto manufacturers issue recalls all the time, but the presence of a recall does not necessarily bar you from filing a defective parts lawsuit. The presence of a recall can, however, be used against you in order to help assign you a higher percentage of contributory negligence if you had sufficient time that you knew or should have known about the presence of the defect.
The manufacturer does have to prove that you received direct notice of the recall and that it contained adequate warnings that should have spurred you towards addressing the problem.
Who is the responsible party?
Identifying the responsible party in a defective auto parts case is one of the challenges that your lawyer will have to tackle on your behalf. It could be any one of a number of parties, including the individuals who sold you the car, the individuals that sold you a part, or the manufacturer of the car part.
Once we have identified the responsible party we will start the process by crafting a demand letter. This will assert that we believe the identified party to be the cause or partial cause of your injuries, that you have sustained losses, and that they should compensate you for those losses.
This will then begin a negotiation with that company’s business liability insurance policy, the entity that is most likely to pay the claim. Most of these settlements happen out of court. Only about 8% ever go to trial.
Get Help Today
We are experienced personal injury attorneys, and our experience helps us spot instances where defective auto parts might play a role in your case.
You have just two years to file your claim, and waiting rarely helps. Reach out to Smith Doran to schedule your case evaluation today.
See also:
5 Things to Discuss With Your New Jersey Personal Injury Attorney
What New Jersey’s No-Fault System Means For Your Personal Injury Case