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What Do You Do When Car Brakes Fail And Cause An Accident?


A car is a machine. Even smart cars are still very mechanical and are only as ‘smart’ as the owners who take care of them. These cars need to be maintained regularly to ensure that they are always ‘operating in mint condition.’ however, sometimes owners fail to maintain their cars regularly and get into accidents as a result. If this has ever happened to you, hire a personal injury lawyer in San Leandro to help you navigate the maze that is personal injury law.

Sue the car manufacturer for damages

“Did you know that you can sue the company that manufactured your car if you sustain any type of personal injury because of a mechanical failure on the part of your car?” Your personal injury lawyer will probably ask you this question at your initial consultation. This is especially true if your bodily injury was caused by faulty brakes a faulty airbag. However, before you and your lawyer begin to craft your personal injury case, you should know that there are two types of mechanical malfunctions: a manufacturing defect or a product design. These malfunctions are described in more detail below.

A product design defect affects all of the cars of a particular model (the 2012 Honda CRV, for example) that the company makes. However, a manufacturing defect is the result of faulty construction or assembly. It tends to only affect one or a few cars at the very most.

Most states will allow you and your personal injury lawyer to use several theories when arguing your case in court. A commonly used theory of defense is strict liability. If you and your lawyer use this defense, the two of you will have to prove that the car had defective and/or unreasonably dangerous parts that caused your accident upon purchase. Another commonly used theory is negligence. If you decide to sue using this theory, you and your lawyer will have to prove that the car manufacturer breached its duty of care by selling a car with defective/malfunctioning parts. Since you have to prove that the car manufacturer acted below the established standards, negligence is the harder theory to prove.

You and your personal injury lawyer may not always be suing the car manufacturer if you sustain bodily injury from a car with defective/malfunctioning parts. Repair shops are equally culpable at times, especially if they use substandard materials or repair practices. If you know the information presented in this article and you elaborate on it, it is indeed possible to win a personal injury case based on malpractice on the part of the car manufacturer/repair shop!

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