Poor Vehicle Design or Maintenance
There are many different reasons that car accidents can happen, including poor vehicle design or maintenance. Determining whether your injuries were a result of these causes or other factors can be complicated, and it usually involves analysis by experts and accident reconstruction specialists. If your injuries are severe assessing whether vehicle design or inadequate maintenance may be an important part of your case. At Breakstone, White & Gluck, our Boston car accident attorneys have assisted numerous individuals and families throughout Massachusetts with identifying the causes of their injuries and determining whether they are entitled to compensation.
If you believe that poor vehicle design or maintenance was involved in your accident, we can assist you with all phases of the evidence-gathering process and determine whether you have a viable legal claim. Time may be running out on your claim, so contact us as soon as possible to schedule your free consultation.Identifying a Design Defect
Vehicle manufacturers have many different methods for ensuring that a vehicle is designed in a safe and appropriate manner. Manufacturers are also expected to design vehicles to comply with Federal Motor Vehicle Safety Standards. In some instances, however, the vehicle’s design renders it dangerous and more likely to cause injuries to its occupants or nearby individuals.
If you were involved in an accident with a vehicle that was designed defectively, our attorneys can bring a product liability claim against the vehicle manufacturer to pursue compensation for your injuries. Defective product cases are based on two theories of law: violations of the warranty of merchantability and negligent design. Every sale of a consumer good carries an implied warranty of merchantability, and that warranty implies that the product will be reasonably safe when used as intended or in a foreseeable manner. Every manufacturer is also expected to use reasonable care in designing a product such as a car, and failure to use reasonable care may demonstrate negligence.
There are several different approaches to determining whether a vehicle was designed in an unreasonably dangerous manner, and they usually require a consultation with a credible expert who can help explain how the design of the vehicle rendered it unsafe. If we are successful in establishing this, we must then prove that the design of the vehicle was the direct cause of your injuries. If the defendant can show that some other cause was primarily responsible, you may be barred from recovering compensation, or your compensation may be reduced. Speaking with an experienced product liability lawyer can help you determine a smart way to investigate your potential claim.Understanding How Poor Maintenance Leads to Accidents
According to Massachusetts law, all vehicles operating on roads in the state must undergo an inspection each year to ensure that they are in good working order. One reason for the inspection is to ensure the safety of the vehicle’s occupants as well as the safety of other drivers and pedestrians. Since the inspection requirement only mandates a yearly inspection, however, this leaves plenty of time and opportunities for a vehicle to fall into a state of disrepair. Some common examples of improper maintenance that lead to accidents include failures to ensure that brakes are in good working order, failures to ensure that the power steering is in good working order, and tire or wheel failures.
If a driver fails to maintain his or her vehicle in good working condition, and it results in an accident, an attorney can bring a negligence claim against him or her to pursue compensation. In this claim, we will need to prove that the driver did not use reasonable care in maintaining his or her vehicle and that this was the direct cause of your injuries. A defendant often tries to overcome liability by pointing to some other cause, such as any evidence that the plaintiff acted negligently at the time of the crash. If we prevail in establishing liability and causation on your behalf, you may be eligible to receive compensation for your personal injuries, including medical expenses, lost wages, lost earning capacity, disability, scarring, and pain and suffering.Contact an Experienced Motor Vehicle Collision Lawyer in Boston
If you were involved in a car accident related to poor vehicle design or maintenance, there is no need for you to navigate the legal process alone. Our attorneys have assisted accident victims in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, which means that we know how stressful and confusing this situation can be for a victim and their family. To schedule your free consultation, call us at 1-800-379-1244 or contact us online.