Do not think that every motor vehicle with some type of defect has been recalled. Some of them are still on the road. More than 12 percent of the vehicles on the road have a defect, one that once triggered a recall.
So, if those vehicles have been recalled, why are they still rolling down both big and small roadways? Their presence on the roadways has two explanations. Not everyone that owned such a vehicle got a recall notice. Moreover, some of the people that did receive such a notice chose to ignore it, because they did not want to go without a car for even one day.
What the above facts reveal about auto accident injury claims
The injured victim of an accident caused by a defective vehicle has the right file a claim against anyone that helped get that same dangerous object in a place where it could cause real harm. A listing of such individuals would include the vehicle’s designer, the manufacturer, the wholesaler and the seller. Any one of them could be sued by the injured victim of an automobile accident. Notice that the question of liability begins well before the production phase. The designer’s input plays a role in the vehicle’s finished state well before the production stage. In other words, a designer’s mistake represents a preproduction failure.
Is there such a thing as a post-production failure? Yes, there is. Even if a manufacturer has remained unaware of a defect in a vehicle that has left the manufacturing plant, there are other places where the defective product might be presented to an unsuspecting buyer.
For example, a wholesaler must sell the same vehicle to a car dealer. Then that car dealer needs to sell his or her purchase to a customer. Both of those events take place after the defect’s introduction. Both show a willingness on the part of the wholesaler or the seller to overlook any notice about a recognized defect.
What is the lawyer’s job?
The lawyer must seek out evidence that can link a given accident to the presence of a recognized defect. In other words, an attorney must prove that the known defect actually caused the accident. That is not an easy task for any attorney, but some clients make it harder than it has to be.
Sometimes a lawyer learns that a client has made a habit of driving a defective vehicle. Normally, that choice was made for the sake of convenience. The client with the defective product has not wanted to go without a car for even one day, even though that selfish act puts others at risk.
Of course, the injury lawyer’s client in Leamington has made that decision well before getting involved in a collision. Later, the client’s injuries might cause him or her to see the foolish nature of that earlier action. Of course, by then it is almost too late.