Side Impact Car Wreck Laws

Published: 2021-06-29 07:06:44
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Category: Miscellaneous

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In cases where an injury or death has occurred from a side impact car wreck involving a mechanical failure, a personal injury attorney has had to investigate the circumstances leading up to the accident in order to determine liability. It goes through a chain of negligence. Every driver is responsible for proper maintenance and current inspections on their car to make sure they are road worthy and safe to drive. If the driver had not had their car inspected or if they had known about the mechanical problem and had not fixed it, they could be held responsible. If the driver had the car inspected and the mechanic was negligent, then the mechanic could be held responsible. If neither the driver nor the mechanic was found negligent, then the auto manufacturer could be sued under a product liability claim. Product liability lawsuits hold manufacturers, distributors and/or sellers of the mechanically failed car responsible when the car causes personal injury or death. So if a personal injury lawyer determines that the wreck was indeed caused by a car part malfunction, then a chain of negligence determines liability with the manufacturer and/or car dealer sitting at the end of that chain.
In most cases, "T-bone" accidents occur because one driver is not paying proper attention to the rules of the road. For example, a driver may not yield at a yield sign and drive into oncoming traffic or not stop at a red light and possibly hit or be hit by cross traffic. Drivers could also be involved in side impact collisions by pulling out of parking spaces or out of a driveway. In all these examples, driver negligence holds the driver liable for any consequences. However, in this case, driver negligence is not the reason for the accident, and faulty brakes or other vehicle malfunctions make the driver safe of any legal consequences.
Faulty brakes or other car malfunctions could cause a car to not stop properly and ultimately lead to a "T-bone" injury accident. In the event of this happening, the driver will not be held responsible if they can prove that the accident was not due to their own negligence. The driver may be able to hold the manufacturer or dealer of the car responsible and liable for all damages that occurred from the wreck. In most cases, anyone who had anything to do with getting the car into the possession of the driver could potentially be held liable in some way. Those at fault would not only be liable for the car that had the malfunction but also anyone else affected by the incident.

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