Baltimore Car Accident Lawyers
Wrecks due to Auto Defects
When you purchase a defective product, in most cases it is a relatively minor annoyance, requiring that you either return the product or have it fixed. When your vehicle is defective in any way, it can pose a very real, extremely dangerous safety risk to you and any other passengers in the car. When a defective vehicle causes a car accident that results in serious injuries, you may want to pursue legal action.
Manufacturing Defects vs. Design Defects
When pursuing a vehicle defect liability case, it is important to differentiate between manufacturing and design defects. The following provides an overview of each.
- Manufacturing Defects: These are defects that result from an unintended error or flaw in the manufacturing process. Typically, only a small percentage of vehicles are affected by manufacturing defects. An example of an automobile manufacturing defect is an improperly installed floor mat that could cause unintended acceleration.
- Design Defects: Design defects are of much greater concern because they can affect an entire product line. A vehicle’s design must meet government standards. A vehicle that does not meet these standards is prima facie defective. An example of an automobile design defect is a poorly designed accelerator pedal.
When Vehicle Defects Result in Lawsuits
If an individual is injured as a result of an automobile design defect, the car manufacturer or new car dealer can be held liable for the defect. However, the process can be complex, and you will need to prove that certain facts are true. A Baltimore car accident lawyer can guide you through the process, ensuring that your rights are protected at all times. Here’s what you need to know:
- You must prove the cause of the car accident. The biggest challenge in proving liability is to prove whether the collision was caused by a manufacturing defect or a design defect. This is not as simple as it may sound, as it will most likely require the help of expert witnesses and the assistance of an experienced car accident lawyer. Fortunately, the burden is on the seller to prove that the benefits of the design outweigh the risks. Once the defect that caused the injuries has been established, the vehicle manufacturer has the difficult task of attempting to prove that the plaintiff does not have a case.
- Any injured party has the right to sue. A contractual relationship does not need to exist between an injured party and a vehicle manufacturer or car dealer. Anyone who has been injured as a result of a manufacturing defect can sue a vehicle manufacturer. In fact, the injured person does not have to be the owner of the vehicle to bring a vehicle defect lawsuit against the manufacturer.
- Misuse of a vehicle will not prevent plaintiff from being able to sue. In a product liability case, car designers and manufacturers are expected to anticipate a certain degree of misuse of a product. If an injury results from speeding, the designer or manufacturer may still be help liable, regardless of whether the driver was driving too fast.
Baltimore Car Accident Lawyers Represent Victims Injured as a Result of Automobile Defects
If you or a loved one has been injured as a result of a manufacturing or design defect in your automobile, our experienced Baltimore car accident lawyers will make sure that the responsible parties are help accountable. At LeViness, Tolzman & Hamilton, we will fight for you and make sure that you receive the maximum financial compensation for your injuries. For a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie and Towson, allowing us to represent clients throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood and Elkridge.