Although many collisions are the result of driver error, sometimes a manufacturer defect causes a car accident. A flawed tire could blow out suddenly, the brakes could fail, or an airbag could explode. Automobile and car part manufacturer defect cases are sophisticated litigation, but you can Call in the Strong Arm of Loncar Lyon Jenkins. We are not afraid of tough cases.
If you got hurt in a car accident because of a defective vehicle or part, an Austin manufacturer defect accident lawyer could help you go after money damages for your injuries. If your close relative died because of a defective vehicle or part, we might be able to pursue additional compensation for the legal beneficiaries.
Product liability claims are expensive to litigate, because we usually have to work with engineers and other experts. However, you will not have to pay us any upfront legal fees. Our fees will come out of the settlement proceeds or award after we win the case for you. We are betting our paychecks on the strength of your case.
You can call us today at (877) 239-4878 to get started. We offer a free initial consultation with no obligation.
We Will Determine and Prove that a Manufacturer Is Liable for Your Injuries
Texas Civil Practice and Remedies §82.001 says that these parties could be defendants in a products liability lawsuit for defective manufacture:
The statute also lists several other types of people who can get sued as manufacturers.
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Types of Claims Against Manufacturers for Defective Products that Hurt or Kill People
Depending on the facts of the situation, Texas Civil Practice and Remedies §82.001(2) says that a person who gets hurt or killed by a defective product could file a products liability lawsuit against the at-fault party under these legal theories:
- Strict tort liability
- Strict products liability
- Breach of express or implied warranty
The plaintiff could use some other applicable legal theory. You can use more than one of these grounds to sue the defendant.
You do not have to figure out these legal topics to go after the money damages you deserve. An Austin manufacturer defect accident lawyer at Loncar Lyon Jenkins can determine if you are eligible to pursue a personal injury or wrongful death claim.
You can call us today at (877) 239-4878 for a free case review.
When a Seller Can Be Liable for a Defective Product
You might think that you are out of luck if the company that made the defective product that hurt you or killed your close relative went out of business or filed bankruptcy because of other lawsuits against them. Texas Civil Practice and Remedies §82.003 provides a possible remedy in this situation.
You might be able to go after the party that sold the defective product, even though they did not manufacture it. The seller’s liability will depend on the facts of the case, including these factors:
- The seller helped to design the item
- You got hurt because of modifications that the seller made to the object
- The seller’s improper installation of the item caused your injury
- Your injury happened because of the seller’s inadequate instructions or warnings
- You got hurt because of a defect that the seller knew about when selling the product to you
- You cannot sue the manufacturer because the court has no jurisdiction over the manufacturer or the company is insolvent
Suing the seller instead of the manufacturer is tricky. The seller will likely defend against your claim and deny liability. Nonetheless, Texas law allows these lawsuits in appropriate situations.
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How a Manufacturer Defect Can Cause a Car Accident
Some manufacturer defects that can lead to car crashes are defects in the design, materials, or manufacture of:
- Steering mechanisms
If your car accident was because of some other type of manufacturing defect, do not worry. Many other components can lead to collisions. We will be happy to tell you whether you might be eligible to pursue compensation for your losses.
What to Do After a Car Accident from a Manufacturer Defect
Car-related product liability claims are different from some other types of personal injury cases. Here are some suggestions of things you might want to do after a car accident from a manufacturer defect to protect your right to fair compensation for your losses:
Preserve the evidence. The vehicle with the manufacturer defect is vital evidence against the defendant. Do not let the car get destroyed even if the insurance company determines that it is a total loss. One the car goes to the salvage yard, it can be difficult, if not impossible, to retrieve it.
Talk to a Product Liability Attorney Right Away
Our state gives you very little time to file a lawsuit seeking money damages from a negligent manufacturer. The American Bar Association warns that you could forever lose the right to go after compensation from the guilty party if you miss the deadline, however.
Do Not Sign Anything without the Advice of a Lawyer
Cooperate with law enforcement, but do not agree to a settlement or give a recorded statement to the insurance company. You can tell them to talk to your lawyer. Recorded statements only benefit the insurance company and give them an opportunity to take your words out of context and pay you less money.
These are not the only things you need to know after a car accident from a manufacturer defect. An Austin manufacturer defect accident lawyer could negotiate directly with the insurer on your behalf (and file a lawsuit, if appropriate).
How to Get Legal Help for Your Austin Accident Injury Claim
At Loncar Lyon Jenkins, we help people who get hurt because of the actions of others. If you got hurt or your loved one died because of a car accident caused by a manufacturer defect, you might be entitled to compensation for your losses.
You can call us today at (877) 239-4878 to find out how we can help you.