Something Was Wrong With My Work Truck Before The Accident
One day, while driving your work truck, your brakes lock up at the worst possible time – as you approach an intersection. The collision was unavoidable causing damage to the other vehicle and causing you personal injury. To the untrained observer, you are the at-fault driver and your company is liable. But what if there’s more to the story.
What if, upon further investigation, a mechanic confirms that parts used in the brake system were recalled by the manufacturer? Even though you have an answer as to what caused you brakes to lock up and create an accident, you still had the accident. How do you hold the manufacturer responsible for the accident?
What Went Wrong?
The first determination in an accident is what happened, and who is at fault? In having that clearing documented by a witness or on the accident report by the police officer, you are able to move on researching the origin of the problem. If the problem can be linked to a manufacturing defect or design the liability of the accident falls on the manufacturer. A manufacturing defect is caused by a flaw in the manufacturing process which was unintended by the vehicles design. The defect typically affects a limited amount of the vehicles inventory so it is important to prove that your vehicle was ones of the affected.
Burden of Proof
In a product liability case that involves a manufacturing defect, an expert witness is required to be able to testify that the accident occurred directly as result of the defective product or part. Without this proof the liability of the accident can placed elsewhere even the defected part exists in the same vehicle involved in the accident.
If you or someone in your family was seriously injured while using any type of manufactured product in Santa Rosa or beyond, you are encouraged to talk to one of our attorneys at Teal & Montgomery. We have the experience that it takes to pursue the compensation that you need after a serious injury caused by any type of consumer product.
We welcome you to contact us or call 707-703-4038 to schedule a free initial consultation at your convenience. A Santa Rosa product liability attorney can visit you in your home or hospital if necessary.