It happens more often than you may think. You are driving your car in a reasonable manner and suddenly something goes wrong. You are unable to avoid an accident, and you don’t understand what happened. Upon inspection, you may find that there was a defective part in the car. So, who is responsible for the damages?
There are many parts of a car that can cause an accident, but air bags are a popular topic, so let’s address it. There are two things that typically happen with air bag cases. The first is the airbag deployed and the pressure of the bag or the substances packed in the bag caused injury to you. It could have caused your eyes to be damaged or the force may have broken bones. The second scenario is that you had an accident and the airbags did not deploy at all. This caused you to suffer injuries that should have been avoided.
Note: the third and less likely case is caused by an airbag deployment when there was no impact that should have set it off.
Yes, you can sue the manufacturer. But in this and all cases, you must prove that the car was manufactured in a way that caused the malfunction. Are there other people who have suffered the same accident? Did the manufacturer know about the issue and fail to recall the vehicles?
Louisiana follows the law of “strict liability.” This means, you do not have to prove that the manufacturer was negligent or that they intentionally did something wrong. You simply must prove that the incident happened, and it was caused by their defective product.
Other Common Manufacturer Issues
Other malfunctions can be caused by:
- Body or frame of the car
- Braking system
- Electrical system
- Fuel system
- Engine, transmission, or other major components
- Steering system
- Temperature control
- Lubrication issues
- Exhaust problems
This list is incomplete, but you get the idea. Any of these systems and parts can cause an accident. If you are traveling at 65 mph on a public highway, and suddenly you lose control of your steering, you are in big trouble.
There are public videos of people calling 911 begging for help because their car is accelerating, and the brakes will not slow it down. These issues do not end well.
If what should be considered a minor impact causes your car to burst into flames, or an exhaust system failure causes your child to die from carbon monoxide poison, someone needs to be held liable.
Don’t Do It Alone
Hire an attorney as quickly as you can and let him or her advise you. Auto manufacturers are giant corporations, they have teams of attorneys, and they will try to scare you off. An attorney is not going to buckle under stress, they know the law, and they will hold these corporations to it. You cannot recover from the loss of a loved one, or from life-altering injuries, but you can make the manufacturer step up and face their responsibility.