Injury Lawyer For Accidents Caused By A Manufacturer Defect In Dallas, TX
Virtually every year, the National Highway Traffic Safety Administration issues recalls of certain vehicles due to various kinds of product flaws. This means that there are many Americans driving in potentially dangerous vehicles at every moment. When cars are designed or manufactured poorly, they may lead to serious accidents that result in severe injuries. Fortunately, there is legal recourse for people injured in such a wreck.
If you suffer an injury due to a manufacturer defect, get in touch with the manufacturing defect injury attorneys at Fears Nachawati, a Dallas car accident law firm, . Our attorneys have worked with many people in similar situations, including those who have suffered life-altering injuries like the following.
- Traumatic Brain Injuries (TBIs)
- Spinal injuries
- Loss of limb
- Broken bones
Navigating the claims process and potential litigation against the opposing driver’s insurance company can become difficult, especially when you need to focus on healing and recovery. With an attorney on your side, you can leave the confusing legal process to them while you and your family handle more pressing matters like organizing new schedules around your injury and setting up doctor’s appointments.
What “Indemnification” Means for My Case
In some situations, it may be tempting to pursue legal action against the dealership or seller of the vehicle. However, there are only some cases in which this is feasible. Under Texas Civil Practice and Remedies Code §82.002, manufacturers must indemnify the seller of their product for any defect as long as the seller did not create the defect by altering the product or by neglecting proper care or maintenance of the product. In other words, the seller usually is not responsible for manufacturing defects if they sell the product without altering it.
However, the seller or car dealer may be held liable for your damages if they wilfully and maliciously created the defect, are found to be negligent in their care for the vehicle, or made significant alterations to the design of the vehicle. By consulting with our manufacturing defect car accident injury lawyers, you can decide which defendants are worth pursuing in court.
Proving Design Flaws in My Claim
In order for a manufacturing claim to succeed, you must be able to show that there was some defect that directly contributed to your injuries. For example, if you crash into an object because your brakes fail, that may be indicative of a faulty brake system and could lead to compensation ordered by the court. Finding evidence of a defective part is an important element of your claim, but there is another way to seek compensation.
Even if the vehicle worked as intended, you may have a viable manufacturing defect claim if you can show a flaw in the manufacturer’s design scheme. Called a “design defect,” this issue is covered by Texas Civil Practice and Remedies Code §82.005 and contains two main components.
The Existence of a Safer Design
The first element you and your attorney must prove is that an alternative design existed at the time of the vehicle’s manufacturer that was safer than the design the manufacturer used. This means that, specifically at the time of the vehicle’s manufacture, a design existed that was:
- Economically feasible for the company,
- Able to be designed with the technology of the time,
- Likely to have reduced the risk of your injury.
The Nature of My Injury
The second element you must prove in these cases is that the injury you suffered was directly caused by a design flaw. In other words, you must show that the defect contributed to the accident and that your injury was unlikely to occur if the defect did not exist. Much of the evidence for these claims will rely on physical evidence from the scene of the accident, photos and video recordings of the wreck, the police report of the accident, eyewitness testimony, your own personal testimony, and the testimony of experts like accident reconstructionists.
Getting My FREE Consultation
Dallas Car Accident Lawyers understands the hardships that injured people and their families endure in the wake of a significant accident. Many people may be leery of hiring a lawyer for their claim, fearing exorbitant rates that drain their bank accounts. Knowing this, we provide all of our potential clients with a FREE initial consultation to discuss the parameters of your case and we do not collect a fee unless we win you the compensation you deserve.
The fact of the matter is that you need an attorney on your side. Manufacturing companies have significant resources and can hire the best defense lawyers around. They may lead you on with no intention of ever paying the compensation that justice demands or they may offer you a settlement worth much less than the actual value of your injuries.
To get your FREE consultation and begin protecting your interests from these companies, call our manufacturing defect auto accident injury lawyers today at (214) 305-8277 or fill out the form on our contact page.
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