Did the Vehicle Cause the Crash? Did the Vehicle Cause the Injury?
It is true that many car crashes involve two vehicles, but this is not always the case. In some instances, dangerous design defects of the vehicle itself may cause the car crash. There are several examples. Some vehicles are overly prone to rollover because of the design apsects of the vehicle such as a high center of gravity, a short wheelbase and a narrow track width. Vehicles may be prone to a loss of control under certain driving conditions such as a vehicle that does not have some type of electronic stability control system.
The legal doctrine applying to these situations is labeled “crashworthiness.” Crashworthiness defects may also lead to personal injury if a particular vehicle component does not perform as designed once the wreck occurs. Examples of crashworthiness defects are vehicle roofs that crush too far into the occupant space of the vehicle, seat belt buckles that do not remain latched throughout the accident sequence, or airbags that do not fire and inflate at all or do so in an overly aggressive manner. The Houston auto defect attorneys deal with these types of issues daily.
Since 1966, the National Highway Traffic Safety Administration (NHTSA) has recalled more than 390 million motor vehicles for safety related defects. That number soars even higher when you consider the millions of tires and pieces of motor vehicle equipment that have also been recalled. These safety defects cause serious motor vehicle accidents in Texas and in cities like Pearland, Galveston, and Houston every year. If you are injured as a result of one of these defects you have to get in contact with a Texas accident lawyer from Denena & Points, PC.
There may be little anyone can do to stop an an accident from occurring if a vehicle malfunctions while it is being driven. Even the most skilled driver may end up in a serious accident through no falut of his own. In those cases, the vehicle manufacturer may be legally responsible for the damages caused in the accident.
Vehicle defects are definded by federal law – specifically by the United States Code for Motor Vehicle Safety (41 USC 301). According to the legal definition, a vehicle defect:
– May be in the design, construction or performacne of the motor vehicle;
– Must pose an unreasonable risk of injury or death; and
– May exist in a group of vehicles of the same design or make.
For example, problems with the accelerator, brakes, transmission and tires may be vehcile defects because the problems may affect the safety of the vehicle. However, problems with the air conditioning, radio or paint are not this type of vehicle defect because these will likely not cause an accident or create an unreasonable risk of injury or death.
Generally, it is a manufacturer’s responsibility to fix or replace your vehicle if the vehicle is defective. If the manufacturer has not adequately fixed the safety defect prior to your accident then you may be entitled to damages. The manufacturer may be required to pay you for:
– Medical bills (both those already incurred and expected future bills);
– Rehabilitation costs;
– Out of pocket expences;
– Past and future lost income;
– Disability, not being able to do what you did before being injured;
– Pain, suffering and mental anguish; and
– Disfigurement if your injury causes scarring.
The Galveston, Houston, and Pearland vehcile defect lawyers of Denena & Points, PC can help you recover all of the damages that you are entitled to recover. A Houston accident lawyer at Denena & Points, PC knows the law, works with the law and uses the law at the courthouse to prevail for you. We will aggressively represent you using the highly efficient techniques that we have developed to help our previous clients resolve their claims as quickly and efficiently as possible with the highest recoveries. We will listen to you, talk to you, get to know you. Otherwise, how can we advocate for you?
We understand how significantly serious injuries can affect you and your family. So we are committed to providing you with all of the improtant information about your case so that, together – us and you, can succeed.