In the moments leading up to your car collision, you may have thought you were driving safely until you unexpectedly lost control of your standard motor vehicle. Or, upon impact, you may have thought your vehicle’s safety features should have protected you more and lessened the severity of your incurred injuries. However, after taking your damaged vehicle to an auto repair shop, the mechanic may inform you that it contains certain defects. This may lead to your sinking realization that these defects caused or worsened your car accident. If this sequence of events and thought processes relate to you, please continue reading to learn whether you can sue a car manufacturer for causing your accident and how an experienced Tampa product liability lawyer at Merricks Law Group, P.A. can help you identify whether this is the appropriate party to pursue legal action against.
Can I sue a car manufacturer for causing my accident?
In short, yes, you may file a lawsuit against a car manufacturer if you have reason to believe that an underlying defect caused an accident that injured you or promoted the unfortunate passing of your loved one. Importantly, you should pursue a product liability claim rather than an auto accident claim. This is because a product liability claim is based on the reasoning that a company is responsible for its defective or improperly designed products. Without further ado, for this claim type, you must manage to prove the following circumstances as fact:
- You must prove that your vehicle contained an unreasonably dangerous defect.
- You must prove that a safer version of this vehicle part was still reasonably attainable.
- You must prove that this defect was present in your vehicle upon its purchase, not from substantial modifications or misuse.
- You must prove that this defect directly caused your injuries while using the vehicle as intended or upon impact of an accident.
What other party may be at fault for my car accident?
In Canada, car manufacturers must inform vehicle owners of a defective part by sending a written notice within 60 days of identifying the issue. So if you receive this notice, which may include instructions on how to fix it and precautions to take in the meantime, the car manufacturer may not be held liable. Instead, the owner of an auto repair shop may be at fault if their workers did a poor job of fixing the issue and your vehicle still malfunctioned while out on the Toronto roads.
What’s more, car manufacturers must turn to Transport Canada after identifying a defective part. In turn, Transport Canada must evaluate the issue and determine if a recall is necessary. So, if they do not make this call when necessary, they may be sooner blamed for your subsequent accident, injuries, and damages.
There is no need to remain hesitant when you have a skilled Ontario personal injury lawyer on your side and supporting you. So please inquire with us at Merricks Law Group, P.A. at your earliest possible opportunity.
