Motor vehicle accident cases in Toronto and other cities can oftentimes be confusing when trying to determine which driver is at fault. But what if you were safely operating your vehicle and a hazardous condition arose because of a defective part or piece of equipment? And what if that defective part or piece of equipment caused you to wreck your vehicle and you or someone else was seriously injured as a result? How do you determine who is responsible for your accident?
It’s no secret that a defective part, piece of equipment, or vehicle in general can be very dangerous and put driver’s and/or passenger’s lives at risk. Other questions arise such as does the vehicle’s defective operation excuse the driver’s responsibility for the accident? The answer depends on the relevancy of the circumstantial evidence of the accident and a variety of specific factors such as:
· Whether the collision would’ve happened, even if there was no defect
· Whether the defect should have been detected and identified before anyone drove the vehicle
· Whether the defect was a vehicle shortcoming that the driver was aware of
· Whether the driver, despite the presence of a defect, could have avoided getting into an accident
Regardless of the above factors, when a defective vehicle or one of its parts causes an accident, you have to determine what to do next and blame or fault must be established.
In defective motor vehicle product cases in Oakville, St. Catharines, or Waterloo, the auto manufacturer is typically the first entity that undergoes scrutiny. In personal injury law, a product liability lawsuit could result, especially if someone is seriously injured or killed as a result of driving the defective vehicle. Depending on circumstances surrounding the accident, if another person sustained injuries, you might or might not be held responsible for a portion of those injuries. Conversely, other parties could be blamed for damages that resulted from the accident. However, you will need a good personal injury lawyer to prove liability.
You may have a defective product/product liability claim against the manufacturer of the vehicle, if you and your personal injury lawyer can prove that:
· the design or manufacture was defective
· the entire system or vehicle was inadequately designed
· the manufacturer installed a component improperly
Additionally, you may also have a claim against the dealer who sold you the vehicle. You would also have to prove that the defective component or system was dangerous enough to result in your accident. Furthermore, you will also need to prove that you’ve made no significant changes that could have affected the safety of the vehicle since purchasing it. Taking all of the above into consideration, if you’ve sustained injuries because of defective vehicle or vehicle component, you could be compensated for lost income, medical expenses, pain and suffering, and more.