Keeton Law Firm | Attorney And Counselor At Law
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  5. Can I recover compensation if a defective part caused my car accident?

Can I recover compensation if a defective part caused my car accident?

On Behalf of Keeton Law Firm, PLLC | Aug 12, 2024 | Auto Accidents

Defective car parts can lead to severe injuries for motorists and others on the road. If you are injured in an accident caused by a faulty part, you have options to recover compensation for injuries and property damage.

You may pursue damages through various legal theories, such as strict liability, breach of express warranty and breach of implied warranty. Each theory requires proof of the defect and its connection to your injuries.

Understanding your options can help you navigate the complexities of the legal system and get the compensation you deserve.

Common defective parts that can lead to crashes

Several defective parts can cause accidents involving passenger vehicles, semi trucks and motorcycles. These defects can trigger or worsen a crash, leading to serious injuries. Common defective parts include:

  • Brakes
  • Seatbelts
  • Steering wheels
  • Accelerators
  • Ignitions

Defective parts in your vehicle and those you encounter on the highway compromise everyone’s safety. Identifying and addressing these defects can prevent accidents and injuries.

Ways to recover compensation

Multiple liability theories can help you recover compensation if a defective part causes an accident. These include:

  • Strict liability: You must prove that the vehicle or a specific part was defective and caused your injuries. Unlike negligence claims, you don’t need to show that the manufacturer failed to meet a standard of care.
  • Breach of express warranty: If a car part or vehicle comes with a written warranty or guarantee, any defect that breaches this warranty can be grounds for compensation.
  • Breach of implied warranty: Even without a written warranty, many states, including Tennessee, require products to meet certain minimum standards. If a defect violates these standards, you can seek compensation.

Manufacturers and retailers, and their insurers, typically have deep pockets and lawyers who vigorously defend against these cases. If a defective part in your vehicle causes an accident, they may argue that your negligence caused the crash instead of the defective part. Or they may claim that you knew about the defect but chose to drive the vehicle anyway.

Working with a car accident lawyer who understands manufacturer and insurer tactics and how to pursue these complicated cases is advisable. An experienced attorney can maximize your chances of recovering the compensation you deserve and holding the responsible party accountable.

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