If you have been involved in a car accident, you will need to establish the most probable cause. By establishing fault, you will then have the power to make a claim for damages against the liable party. Many times, the liable party is one or several of the drivers involved in the accident. However, sometimes the cause of the accident is the presence of a faulty vehicle.
When a vehicle’s defect was found to have caused an accident, it can be possible to take legal action against the manufacturer. The following are some things that you should know when preparing for a defective motor vehicle lawsuit.
In a personal injury claim after a car accident, you will need to show that the party you are making a claim against acted negligently in some way. However, when taking action against a vehicle manufacturer, you will only need to show that there is an unreasonably dangerous defect that caused injury. This is because motor vehicle defect cases are run under the doctrine of strict liability.
When you make a claim against a vehicle manufacturer for a defect that caused injury, you should be aware of their ability to aggressively defend themselves. If you have owned the vehicle for many years, you may find it more difficult to make a successful claim. This is because it is easier for the vehicle manufacturer to claim that the defect was caused by misuse of the vehicle. Additionally, it becomes easier for the defendant to suggest that the plaintiff knew about the defect but chose not to do anything about it.
If your motor vehicle defect case is successful, you may be able to claim punitive damages. These are monetary awards that go above and beyond the damages incurred during the car accident. Therefore, it is often worth pursuing a claim.
If you believe that your car accident was caused because of a defect in your vehicle, it is important to take the time to understand the law in Kentucky. A Kentucky products liability lawyer can help you recover your damages.
Gary C. Johnson, P.S.C. is fully operational and available 24/7 to assist with your case. Our firm has the technology required to work your claim while maintaining all social distancing guidelines to ensure your safety. Our firm is committed to you and we are also available to meet at your location while practicing proper social distancing. Call #HURT from your cell phone or toll free 1-866-268-4200