Mechanical Malfunctions
Knoxville Car Accident LawyerMechanical malfunctions can suddenly turn a car ride or minor fender-bender into a serious accident. Knoxville car accident attorney Mark C. Hartsoe can provide the advocacy and legal counseling you need if you were hurt in an accident caused by a mechanical malfunction. Mr. Hartsoe brings over 25 years of experience to your case, and is prepared to represent you in all aspects of your claim. Contact us today to see how we can help you.
Mechanical Malfunctions in Car AccidentsWhile many car accidents are caused by negligent driving, a mechanical malfunction can also lead to a car wreck. Mechanical malfunctions can cause a driver to lose control of their vehicle and collide with another car, fixture, or bystanders. Mechanical malfunctions can exacerbate a victim’s injuries, even if they do not directly cause an accident.
Some mechanical failures that can result in a car accident or worsen a victim’s injuries include:
- Seatbelt Defects: A properly designed seatbelt can protect a rider from ejection and limit his or her movement within the vehicle during a crash. A seatbelt defect, however, may cause a seatbelt to unlatch, fail to properly tighten across a person’s body, or otherwise cause injury in an accident.
- Brake Malfunction: A car’s brakes are crucial to controlling a vehicle and preventing an accident. If the brakes malfunction, a driver can lose control of the car or fail to stop in time before causing an accident.
- Tire Defects: A tire can shred, separate, or have another defect in its design or manufacture, which can cause a driver to skid or otherwise lose control of the vehicle.
Every car accident should be thoroughly investigated to determine its cause and what factors contributed to a victim’s injuries. A victim should speak with an attorney to discuss the possibility of a product liability claim in a car accident.
Liability for Mechanical MalfunctionsIf a mechanical malfunction caused or contributed to a car accident victim’s injury, the victim may have a viable products liability suit against the manufacturer or seller of the defective car or part. There are several theories under which a person can recover in a products liability action, such as:
- Strict liability: In Tennessee, a manufacturer or seller can only be held liable if their product was in a defective or unreasonably dangerous condition when it left their control, and if the condition caused the victim’s injuries. A product is defined as “defective” if it is unsafe for normal use and handling by the consumer. “Unreasonably dangerous” means that the product is more dangerous than what an ordinary consumer would expect, or that a reasonably prudent manufacturer or seller would not put the product in the market if it knew of the condition.
- Negligence: the victim must show that he or she was owed a duty of care, that the duty was breached by the defendant, that the breach caused the victim’s injuries, and that the victim suffered actual harm as result of the breach.
- Breach of warranty: the product had either an express or implied warranty that it was safe for its intended use, but was in fact defective.
A mechanical malfunction may be the result of a defect in the product’s design or manufacturing. A design defect means the product was properly manufactured, but the design is inherently defective. A design defect impacts the entire line of products. If the product has a manufacturing defect, the defect occurred somewhere along the construction or production of the product. It may impact only a limited number of products.
Compensation & RecoveryIf you were injured in a car accident, and a mechanical malfunction caused or contributed to your injuries, you can seek damages from the at-fault parties. You can seek compensation for costs including your medical care, lost income, property damage, and pain and suffering.
Legal Advocacy When You Need ItKnoxville personal injury lawyer Mark C. Hartsoe can provide you with the legal representation you need in your car accident case. Mr. Hartsoe has helped countless victims obtain the compensation they deserve for their injuries. He will investigate the accident scene, interview witnesses, consult with experts, and negotiate on your behalf. Call us today at 865-804-1011 or contact us online for a free consultation.
Client Reviews
★★★★★
I was on my way to Atlanta and a huge truck rear-ended me and knocked me off the side of the road. I was scared. Didn’t know what to do. I tried working with the insurance company. They are just difficult to work with. I had to call somebody to take care of me. So, My brother told me to call Mark Hartsoe. As soon as I called Mark Hartsoe, he let me know real quick that everything was going to be okay and that he would take care of everything. And, he did. He got me a great settlement. He took the worry off of me. Mickey Anderson
★★★★★
I was hit coming home late at night by a drunk driver who took off. And the next day I was able to track down his vehicle and get the state police involved. At that point, a family friend recommended that I talk to Mark Hartsoe. Pretty much at that point, Mark handled the police, the insurance company and the guy who hit me. Settled with the actual person that hit me. Outside of that, everything came out great. Did not have to go to court. Got a great settlement. Got my car replaced. Got a check. Mark Hartsoe is my lawyer. Nate Holder
★★★★★
I was involved in a motorcycle accident. It was a head-on collision. I broke my arm, injured by knee. I was out of work for a long time and had medical bills, other expenses. A personal friend handed me a card for Mark Hartsoe. I called Mark Hartsoe from the side of the road and he took care of everything. My case was settled out of court. I received a great settlement. Bike was totaled, motorcycle was replaced. It was easy, painless. About as painless as something like this can be. This is why my lawyer is Mark Hartsoe. John Lusinger
★★★★★
I wanted to thank you for the excellent representation and your ability to handle the situation so well with such compassion and strength. We appreciate all of your help, concern and for answering my many questions. It has been a difficult road to travel but when we come across people like you, it really helps to lighten the load. We just wanted you to know how much we appreciate what you’ve done and your ability to handle the situation so well. S. Carter
★★★★★
Thank you so much for all the work you did on our case. We received more than we expected. You were great through the whole time from the first meeting until the last. Thank you so very much. Sam & Judy Kachar