Driver negligence causes most wrecks, but sometimes the problem is the car, not the driver. When a vehicle or one of its components is defective and that defect leads to an accident, the manufacturer could be liable.
Unfortunately, cases involving Kissimmee car accidents due to defective vehicles can be more complex than a typical auto collision case. Manufacturers devote enormous resources to defending themselves, so you need an experienced and well-resourced legal team to help you with your claim. Our attorneys at Colling Gilbert Wright are aggressive advocates with years of experience and a record of excellent results in vehicle accident and product liability cases.
Defective Parts Can Cause Accidents
Motor vehicles are complex machines. Every component must be fit for purpose for a vehicle to perform as it should. Many of the vehicle’s individual components can influence its safe operation.
An obvious example is the brakes—if these fail, an accident could occur. Similarly, steering that locks or freezes, tires that fail, or engine cooling systems that malfunction and cause fires could all lead to crashes. Additionally, airbags that do not function properly may fail to protect the occupants and cause severe injuries themselves.
At The Florida Firm, we conduct an independent investigation of every car accident case we handle. Our Kissimmee attorneys could scrutinize police reports, damage reports, witness statements, and product recall records to find evidence that a defective vehicle component may have contributed to the car crash or worsened your injuries.
When Can You Sue a Manufacturer?
The state’s no-fault system restricts your ability to take a car accident claim to court. In general, you can only sue an at-fault driver when you exhaust your personal injury protection (PIP) and your injuries will have a permanent impact on your functioning.
However, the no-fault law does not restrict your ability to sue a vehicle manufacturer for producing a defective product. If an issue with one of the involved vehicles caused or contributed to the accident, you can sue the manufacturer for compensation.
Most motor vehicles are made of components from multiple manufacturers, so there may be several potentially liable manufacturers in a vehicle accident lawsuit. When appropriate, our Kissimmee car accident lawyers could bring claims against all the product manufacturers that had a role in producing the defective vehicle.
Proving a Manufacturer Is Liable
Manufacturers are responsible for ensuring the products they bring to market are safe for their intended use. If a manufacturer produces a defective product that later causes an injury, they are strictly liable.
To prove a product was defective, our attorneys must demonstrate one of the following:
- The design was faulty, and a different, economically feasible design would produce a safer product
- There was an error on the production line or during shipping that made a specific manufacturing run or individual product unsafe
- The product’s label, warnings, and instructions for installation or use were inadequate to allow for safe use
Finding evidence to prove the vehicle was defective often requires the help of experts such as engineers, materials scientists, and others.
In many cases, you can also bring a negligence claim against the manufacturer. To do so, you must present evidence demonstrating that the manufacturer did not take reasonable care to ensure the product was safe.
Tying the Defect to the Injury
Whether you claim that the manufacturer is strictly liable, negligent, or both, you must connect the problem with the product to your injury. You are entitled to damages if you can show that a defective product caused the incident that led to your injury.
Florida Statutes § 768.81(3)(b) also allows you to collect damages from the manufacturer of a product that did not cause the crash but did cause or worsen your injuries. For example, if driver negligence led to the Kissimmee car accident but a defective windshield caused you to suffer blinding facial injuries, the windshield manufacturer and the vehicle manufacturer that installed it could be liable.
Contact Our Kissimmee Attorneys After a Car Accident Caused by a Defective Vehicle
Successfully representing people injured in Kissimmee car accidents due to defective vehicles requires knowledge, experience, and skill. Our capable attorneys at The Florida Firm have achieved several verdicts and settlements of $1 million or more in these types of cases.
Our reputation for excellence leads other lawyers to recommend us to their family and friends. We accept no money from you until we obtain compensation for your injuries, so contact us to get started today at no risk.