Car accidents occur with regularity. Distracted drivers, congested roadways, and everyone in a hurry are ideal conditions for collisions. Adding to the difficulties of being involved in a car accident is the reality that even low-impact incidents can lead to serious injuries.
While so much of a car accident attorney’s job is to help clients prove liability on the part of the at-fault driver, some accidents are not caused by a person. Instead, a defective vehicle part may be the leading cause of a person’s injuries after an automotive accident.
Lemon laws come into focus as drivers and their insurance companies attempt to determine who is at fault.
What Are the Differences Between Lemon Laws and Product Liability Laws?
Both lemon laws and product liability laws address defects in motor vehicles. Lemon laws provide a car owner protection from financial losses related to a vehicle that repeatedly suffers a specific type of problem or defect.
If protected by a lemon law, the manufacturer or the dealer who sells the vehicle must make repairs or even replace a recently purchased automobile that has a chronic issue. Typical components that are covered under lemon laws include engines, electrical systems, and transmissions.
A vehicle owner must be able to present evidence to show that the mechanical gremlin complained of is ongoing. Repeated attempts to resolve it with the manufacturer or dealer must be shown frequently for lemon laws to take effect.
If a defective vehicle causes an accident, consulting car accident lawyers can help you understand your rights and potential claims.
What Type of Evidence Is Needed To Be Successful in a Lemon Law Case?
Immediately attempting to fix a problem is a good start to proving that lemon law protections apply to your situation. The owner of a lemon vehicle should not hesitate to seek a repair, as waiting or delaying is a common way to lose a lemon law case.
Next, maintain accurate records of the attempts. Receipts and invoices from mechanics showing the repairs performed and the dates the vehicle was in the shop can help establish a concerted effort to remedy the specific mechanical issue. Especially critical is any proof that the manufacturer is not honoring the car’s warranties.
Finally, a major part of a lemon law case is proving that your actions did not cause the problem complained of. This can include a lack of maintenance, abuse of the vehicle, or any other related issues.
What Types of Vehicle Defects Can Cause a Car Accident?
A design defect is one that makes the vehicle unsafe. Some sport utility vehicles, for example, have a design flaw that makes them prone to rolling over. That is something that the owner could not control, nor fix, after purchasing the vehicle.
Occasionally, cars will suffer from manufacturing defects. These are issues that originate at the point of assembling the vehicle, making it unsafe for road travel.
When a manufacturer discovers a safety concern with one of its models, it has a duty to warn vehicle owners of that problem. Unfortunately, manufacturers will sometimes delay in doing so. Or, the manufacturer will simply not disclose the defect at all — until it is too late.
What Vehicle Parts Are Most Often Defective?
Airbags are an example of a particular vehicle part that has led to its fair share of car accidents. When an airbag does not deploy as intended, it creates a potentially life-threatening situation for the driver and their passengers. At the same time, if an airbag deploys too soon or with too much force, it can cause injuries that might otherwise have been preventable.
Brake malfunctions are among the most straightforward vehicle defects that result in serious accidents. Manufacturers place a great deal of emphasis on the ability of their vehicles to brake seemingly at a moment’s notice. The difference of a few hundred feet of breaking ability can determine whether a person’s injuries are minor or severe.
Malfunctioning tires are another dangerous defect a vehicle can have. A flat tire can cause your car to veer off the road or skid into oncoming traffic. The ability to maintain traction with the road depends upon the only part of the vehicle that actually touches the road surface — the tires. Faulty tires can cause serious car accidents.
Confronting a Lemon Law Issue After a Car Accident
A defective product must have directly contributed to the accident for a lemon law to apply. In some cases, if it is proven that the vehicle was a lemon, liability may shift from the vehicle’s driver to the vehicle’s manufacturer.
However, do not expect a vehicle manufacturer to take this matter lying down. In many ways, it is more difficult to go toe to toe with a manufacturer than with an insurance company for another driver. Having an attorney with experience in advocating for injured drivers is a tremendous advantage to possess in a car accident case.
How an attorney can help after being injured by a Lemon
Defective vehicles are a danger not only to their driver but to other drivers and pedestrians with whom they share the road. An attorney skilled at serving clients injured in car accidents knows how to guide a party towards the best outcome possible.
An initial consultation with an experienced car accident attorney provides personalized feedback tailored to specific circumstances. Instead of receiving generalized information online, a consultation provides information that is actionable. An injured person can take steps forward in addressing their situation by learning how best to proceed.
Car accident attorneys are diligent in preparing a client’s case. Attorneys act as fiduciaries on behalf of their clients. This means that the attorney must put the interests of their client before their own interests throughout the representation process. An attorney serves their clients without conflict of interest or competing objectives in mind.
Many injured people do not know how to best proceed after being involved in a car accident. With so many concerns ongoing simultaneously, being overwhelmed occurs to many parties in car accidents. A car accident attorney helps slow down the process so that decisions can be made intentionally and with long-term interests in mind.
