What if the Auto Accident Involved a Defective Vehicle or Component in Charleston?
Each year, mechanical failure contributes to more than 44,000 crashes. Mechanical failure can happen for a number of reasons but is primarily caused by defective components. There is no denying that a car accident can result in catastrophic injuries, inhibiting you from working and spending time with the people you love. Gathering the necessary evidence to prove the flaws of a vehicle part or component and evidence of damages is key to being awarded the compensation that you deserve.
If your accident was caused by a defective part, you may be entitled to compensation for your injuries as well as damage to your vehicle. In this blog, the Charleston car accident attorneys at Mark C. Tanenbaum, P.A., discuss how liability is determined in collisions caused by defective parts.
What is a Manufacturing Defect?
A manufacturing defect is a flaw that occurs during production of an item that causes it to not function as it was initially intended to. When a manufacturing defect occurs with a car component, it usually makes the vehicle unsafe to use. Whether the defect is caused by inferior materials, poor quality control, or faulty assembly, your well-being could be on the line.
Common manufacturing defects include:
- Accelerator controls that stick, resulting in an inability to control speed
- Faulty fuel pumps resulting in fires
- Clogged fuel filters can make it difficult to start the car
- Leaky fuel injectors that result in poor fuel efficiency and pose a fire risk
- Airbag defects can cause them to deploy for no reason, resulting in injuries
- Tire treads that separate or tires that are damaged during the mounting process
- Faulty power steering pump, making it difficult to turn the wheel or slowed response when attempting to turn
Liability Under South Carolina Law
In a vehicle product liability case, you may be eligible to file a bodily injury claim and/or property damage claim for accident-incurred injuries or property losses. When a faulty component or part causes an accident, a number of parties may be held liable, including the part manufacturer, supplier, retailer, distributor, and even the mechanic who serviced the part.
SC Code §15-73-10 stipulates the parameters under which a retailer (such as a car dealership) can be held liable for physical injuries caused by a defective product. However, the consumer will be barred from recovery if the individual is aware of the danger and proceeds to use the product, ignoring the inherent risks.
To recover damages, you must demonstrate that the vehicle part was flawed or damaged, causing you physical injuries and other losses. You do not need to show that the liable party was negligent. In fact, under state law, even if a retailer performed their due diligence by taking all necessary steps to ensure that a product was safe, the party may still be held responsible if the consumer suffers injuries. This is known as the principle of strict liability.
Assistance from a Charleston Car Accident Lawyer
Demonstrating the extent of your injuries is key to recovering the full amount of your bodily injury claim. This will involve providing your medical records, medical bills, and proof of lost wages to an insurer. Our legal team will request medical records from physicians and hospitals, collecting the information you need for a successful claim.
If your vehicle was damaged (which is highly likely!), then you may be eligible to file a property damage claim. A claims adjuster will likely request photos of the damage, repair estimates, and invoices from a mechanic to establish proof of the damage to your vehicle. If your car was totaled as a result of the defective part, the insurer of the liable party or parties may be ordered to pay you the actual cash value (ACV) of your car.
Charleston Car Accident Attorneys Providing Dedicated Counsel
At Mark C. Tanenbaum, P.A., our Charleston car accident lawyers are here to address your concerns and place you at ease. Our legal team takes a personal interest in each personal injury case and is dedicated to helping you succeed. We handle each case from start to finish, gathering evidence and filing your claim to communicating with the insurance company on your behalf. To learn more or to schedule your free consultation, contact us online or by phone today.