Mechanical 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 Accidents
While 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 Malfunctions
If 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 & Recovery
If 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 It
Knoxville 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.