You’re driving along the highway when suddenly, your car starts to shake. You lose control and crash into the guardrail. You’re lucky to be alive, but your car is totaled. After you get out of the hospital and start to piece together what happened, you realize that a defective part caused the accident in your car. You can file a claim, but you have to prove fault to win a claim. But proving fault in a defective part case is not easy, and that is why it is best to hire a car accident lawyer since they can easily find fault and win your case.
This blog post will explore the liable parties for a car accident caused by defective parts.
The Manufacturer
When a product is defective, it does not meet the standards of care that a consumer would expect. To be held liable, the manufacturer must have known about the defect and failed to act to fix it or warn consumers about it.
Three main types of defects can lead to liability:
- Design defects are inherent in the product’s design and cannot be fixed by changing how the product is manufactured.
- Manufacturing defects occur when there is something wrong with the way a product is made, even though the design is sound.
- Marketing defects occur when the defective product is sold as a safe and reliable option.
The Retailer
Regarding car accidents caused by defective parts, the liable parties can vary depending on the situation. If the accident were caused by a defective part manufactured by a third party, the manufacturer would likely be liable. However, if the accident were caused by a defective part installed by a retailer, then the retailer would be liable.
The Mechanic
The most apparent party is the manufacturer of the defective part. However, other parties may also be held liable, such as the mechanic who installed the part. The mechanic who installed the defective part may be held liable if it can be shown that they were negligent in their installation. For example, if they failed to properly torque the bolts, leading to an accident.
Who is Liable if More Than One Party is at Fault?
There are a few ways that more than one party can be at fault for a car accident. The most common is if the driver and the manufacturer of the defective part are at fault. In this case, the driver would be liable for failing to recognize the harmful effects of defective parts, and the manufacturer would be liable for any damages caused by the same.
If a person is driving or renting someone else’s car and knows about the defective parts, then the driver and owner will be held accountable for the accident. Similarly, suppose the manufacturer is using third-party marketers, and both know about the defective parts but still go ahead with the sale. In that case, both parties will be equally responsible for the damages.
If you are in a car accident caused by a defective part, it is essential to know who the liable parties may be. The manufacturer of the defective part may be held liable, as well as the company that installed the part or sold it.