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Legal Options in Car Accidents Caused by Defective Vehicles
Recently, American automaker General Motors announced a recall of 111,136 SUV units because of a seatbelt defect that can cause injuries in a crash.
Several 2011 models were included in the recall: Chevrolet Equinox, GMC Terrain, and Cadillac SRX allegedly had cracks in its seat belt buckle anchor. The defect can cause the buckle anchor to separate and in the event of a secondary impact, the seat belt system will not be able to properly restrain the occupant. Aside from suffering more serious injury, the occupant’s risk of getting ejected from the vehicle also increases.
Following the Toyota recall which involved unintended acceleration accidents, both car accident attorneys, consumers, and even the manufacturers themselves have grown more vigilant about vehicle defects. There are actually thousands of cases pending in the dockets as well as class actions suits aside from the multi-million dollar fine imposed on Toyota because of its dangerous vehicle defects that have caused property damage and devaluation, injuries and even deaths in accidents allegedly caused by the defect.
But when exactly can one file a claim for a defective car? What kind of civil lawsuit would be appropriate? If you live in Los Angeles, you may consult with a car accident attorney is you have questions about a car defect or a crash which may have been caused by vehicle defects. However, to learn more about filing a defective car lawsuit, read on:
- Many defective car claims, as it involves a mass-produced defect during manufacturing or an inherently dangerous design, may be the subject of a class action lawsuit. This means that you are not the only complainant and you may choose to join an existing lawsuit. This can be an advantage as it would definitely lower litigation expenses however, if your claim for damages is substantially different or there are special circumstances in your case, it would be best to file your own lawsuit.
- Defective car complaints may involve several defendants. From the automaker to the parts manufacturer to even the car dealership, these parties may be held liable for the defective vehicle or part which caused the accident.
- To successfully prove your claim, these are some of the elements you need to establish:
- That you were injured or suffered loss or expense in an accident.
- That the accident was due to a vehicle that was defectively manufactured or dangerously designed.
- That such vehicle defect was the cause of your injury.
Litigating defective car claims aren’t easy especially since most companies would fight tooth and nail to preserve their reputation and blame it on your negligent use of the vehicle. This is why you need to consult with an expert Los Angeles car accident attorney to ensure that your claim is properly established to help win your case.