• A defect in a vehicle exists when the manufacturer either designed or produced a vehicle in an unreasonably safe condition.
• When a car manufacturer designed a vehicle with a defect that added to the injuries.
• Although the actual car wreck/crash may not have been caused by the defect, the manufacturer may still be liable.
Holding the Manufacturer Liable
In some situations, an accident victim or their loved ones will have to make a decision on who is at fault for injuries caused in a car crash. In most cases, a normal person will think it is the person who initially caused the crash. However, what if the actual injuries that were caused in the accident were a result of a defect in the design of the vehicle and not the result of the initial accident? Who is at fault then? These are important questions to think about before deciding if you want to seek legal assistance. With these questions in mind, it is important to know that some of the things we as attorneys fight for are 1) to compensate a victim or their loved ones for their loss and 2) to ensure that the same type of injury never happens again. If one’s injuries were a result of a defect in the design of a vehicle, the only way to ensure that the same types of injuries do not occur again is to hold the manufacturer liable.
Defective Vehicle
A defect in a vehicle is where the manufacturer designed or produced a vehicle in an unreasonably safe condition. In order for the defect to be unreasonably safe, it must be unsafe for a reasonably foreseeable use. With vehicles, reasonably foreseeable use includes the possibility that the vehicle may be involved in a collision or accident. Therefore, if a manufacturer wishes to sell a vehicle to the general public, that manufacturer has a duty to design the vehicle in a manner that is reasonably safe in the event of a wreck. When a vehicle is designed in a manner that is unsafe for a wreck, even though the event is foreseeable, the vehicle will be defective.
Defective Design in a Vehicle Caused or Attributed to the Injuries
Where a car manufacturer designed a vehicle with a defect that caused or added to the injuries sustained during a car accident or crash, the manufacturer may be liable. Some examples of past vehicle defects are: seat restraints, airbags, roofs, and fire risks. It is important to note that even if the car accident and/or crash was a result of another driver, some injuries may be attributable to the defect in your own vehicle.
We here at Watts Guerra understand that any accident is tragic, especially those that involve serious injures, or worse, death. However, the only way to prevent these types of injuries from occurring again is to rid our highways and streets of vehicles with defects.
Written by*:
Jorge Mares
WATTS GUERRA, LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Email: jmares@guerrallp.com
*This information is provided to supply relevant information concerning defective vehicle manufacturer liability, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. Available remedies vary from case to case and depend on the underlying facts of each. If you have another lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
