If you had made an effort to keep the car well maintained, then you might be able to initiate a product liability lawsuit.
Car parts that are often linked to a product liability lawsuit
The air bag:
• It might have failed to deploy.
• It might have deployed at the wrong time.
• The air bag’s deployment might have taken place at too high a rate of speed.
A seatbelt might become unlatched during the course of an accident. It might break in response to the forces that had been created by the colliding vehicles.
The roof: If it did not have the necessary roll bars, it could collapse at the time of a collision.
The brake: If it were to malfunction, the driver would not be able to fight and reverse the car’s momentum.
A tire: It could explode, or have tread that was much too thin.
Steps to complete, when filing a product liability lawsuit
Collect and preserve all the evidence. Be sure to have proof of the fact that you suffered an injury, due to the product’s failed performance. No court will accept a product liability lawsuit, unless the defective product has injured the person that plans to file that same lawsuit.
Take pictures of the damage, and of the part that has malfunctioned. Take pictures of any injury. Be sure to record the date on which the pictures were taken.
Consult with several lawyers, and then hire an injury attorney in Hayward. Place the damaged vehicle in a secure location. Arrange for the retained lawyer to exam the car that had the malfunctioning component. Do not schedule any repair work until after the attorney’s examination of your damaged vehicle.
Ask the hired lawyer if he or she has contacted a useful expert. The jury will pay more attention to testimony from an expert, as long as those jurors have the ability to understand what the expert has said.
Prepare for any potential argument from the defendant’s legal team.
You need to have proof of the time and date for your first visit to a hospital, doctor’s office or clinic, after being injured by the defective product. It is important that you have proof of your appearance at any scheduled treatment sessions.
Work with the attorney, in order to get an expert that understands the nature and extent of your injury. Arrange for the preservation of all evidence. Let your lawyer seek information on any other cases where someone was injured by a similar problem with the same component.
Do some research on the firm that makes and sells the product that did not perform as you had expected. Practice explaining how you used the defective product; make sure that you can demonstrate an ability to follow the directions.
