If you were injured in a car accident caused by a defect or repair mistake in Texas, you may be able to pursue compensation from the manufacturer or auto repair shop through an insurance claim or lawsuit.
Determining the Cause of Your Car Accident
Defective manufacturing, repair mistakes, and improper installation of items like tires, breaks, and signaling devices are all too often the cause of car accidents in Texas. You can pursue a claim from the liable party in any of these situations.
Car Accidents Caused by Manufacturer Defect
You can hold the manufacturer liable if a defective part led to accident-related damages including medical bills and property damage. For example, if a defective tire is to blame for your car accident, you can file an insurance claim or lawsuit against the tire manufacturer. A car accident lawyer can help by using a process to help victims of car accidents caused by a defect that includes:
- Analyzing the remaining components of the part and vehicle damage.
- Looking for product recalls or other cases involving products from the same manufacturer.
- Recreating the accident to determine how the defective product caused the accident that led to your injuries, losses, and expenses.
You have the right to pursue compensation for damages caused by defective parts. You can also seek compensation if your car was improperly or inadequately repaired.
Car Accidents Caused by Repair Mistakes
Auto repair shops, whether independent or those at a car dealership, can be held accountable if faulty or improper repairs caused an accident. You might think that only large repairs such as a transmission could cause a car accident but even a simple error such as not adding automatic steering fluid can cause a serious collision.
If your car accident was caused by a defect or repair mistake in Texas, there might be multiple parties who could be financially responsible for your accident-related expenses.
Injuries from a Car Accident Can Be Painful and Expensive
Your health is our first concern. If you have not seen a medical professional, do so at once. It is important to document any issues related to the accident to establish a strong case that supports your claim for current and future medical bills.
Depending on the circumstances of your car accident, recoverable damages may include:
- Medical bills
- Continuing treatment costs
- Lost wages
- Car repair or replacement
- Private property repair or replacement
- Diminished earning capacity because of the accident
- Pain and suffering
- Wrongful death if the accident took the life of a loved one
- Punitive damages (not applicable to all cases)
Seeking Compensation in Car Accidents Caused by Defects or Repair Mistakes
In any personal injury case, the first step in recovery is deciding who is at fault. The key to establishing this is to consider the following:
- Did the manufacturer or mechanic have an obligation to the safety and integrity of the product or repair?
- Was the manufacturer or mechanic negligent in fulfilling this obligation?
- Did the defective product or repair error lead to your injuries from the accident?
- Do you have expenses and losses because of the accident?
The burden of proof in an insurance claim or car accident lawsuit is on the injured person, called the plaintiff. The plaintiff’s car accident lawyer will collect evidence to prove liability such as:
- Hospital and doctor bills
- Car repair receipts
- Pay stubs
- Medical records
Look for All Relevant Sources to Seek Compensation
Manufacturers have liability insurance in case there are defects or issues with their products. Likewise, a large auto repair shop or dealership also has coverage to protect themselves when mistakes occur. There may also be more than one person or party who can be held accountable.
Three Forms of Liability
- Direct liability holds a person or party responsible for causing the accident.
- Vicarious liability is a specific relationship between the defendant and another person or party.
- Respondeat Superior means that an employer is liable for the actions of its employees.
How to Seek Damages if There Is a Product Recall
Sometimes an auto manufacturer will issue a national product recall. There could be legal action that is filed on behalf of many accident victims. If there is not, you have the right to pursue compensation by having a lawyer file an insurance claim or lawsuit.
Learn How a Car Accident Lawyer Can Help
If a defect or repair mistake caused your car accident in Texas, D. Miller & Associates, PLLC can help. For a free case evaluation, call (713) 850-8600 today.
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