More often than not, collisions result from driver negligence or recklessness. It’s often fairly clear who’s at fault for a crash, but sometimes, it’s not the driver on the road – sometimes, it’s the company that put that vehicle on the road. While today’s vehicles are designed with a larger emphasis on safety than ever before, cars, like any machine, are vulnerable to defects and malfunctions.
The National Highway Traffic Safety Administration (NHTSA) regularly recalls millions of vehicles for even having a single defective part, and for extremely good reason. Defects can be the cause of crashes that result in severe injury or death. Below are some common defects that lead to motor vehicle collisions and what you should do if you’re injured in a crash.
All of the following are common defects that can result in (or contribute to the result of) a motor vehicle crash:
Fires and burst tires are generally pretty visible, but how do you prove that the less obvious defects caused a collision?
The burden of proving a vehicle malfunction falls on the injured plaintiff. They must conclusively establish that a defect caused or worsened a collision, and they must substantiate that with salient evidence. This includes obtaining video and photographic records of the crash (if possible), existing stories that corroborate the vehicle defect, and often, analysis by experts who have technical knowledge of auto manufacturing standards.
In addition to establishing liability, plaintiffs must prove their damages. This can happen by providing financial records that establish the following:
You also should provide proof of your intangible losses, including pain and suffering caused by your injuries.
Proving auto defects is a complex process, and you want the right legal representation. Our team has years of experience dissecting the complexities of auto collision claims and other cases, and we have the know-how and resources needed to protect your rights. For the best personal injury representation in Fargo, email Tim O’Keeffe, Tatum O’Brien, or Sara Monson, or reach the O’Keeffe O’Brien Lyson Foss team by phone at 701-235-8000 or 877-235-8002 toll-free.