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Automotive Defect Liability-Protecting your Rights after a Car Accident

In most personal injury claims, in order to recover damages for your losses, you must show that the person who hurt you acted negligently, that they failed to exercise a reasonable amount of care, thereby leading to your injury. However, when you have been hurt because of a defect in the design or manufacture of a motor vehicle, you don’t need to prove negligence. Motor vehicle defect claims are customarily governed by the rule of strict liability, which allows a victim to recover without showing negligence, provided three factors can be proven:

  • That the vehicle with the defect was being used in a way in which it was intended to be used at the time it caused your injury
  • That the vehicle that caused your injury was not “substantially” changed from the condition in which it was originally manufactured or sold
  • That you suffered your injury because the vehicle or one of its component parts (steering mechanism, brakes, tires, etc.) had an “unreasonably dangerous” defect, either in design or manufacture, because of handling or shipment, or due to a failure to adequately warn you of potential dangers

Any individual or business within the chain of design, manufacture or distribution may potentially be liable for injuries caused by a motor vehicle defect, including wholesalers and retailers of vehicles or auto parts.

If you have suffered an injury because of an automobile defect, the first thing you want to do is get the medical care you need. Be certain to tell doctors, nurses and heath care workers of every health issue you are experiencing. Don’t let the scrape on your elbow or a broken leg cause you forget to address the pain in your back or neck. Often the injuries that have long-term consequences are not immediately apparent.

Next, you want to take steps to preserve all evidence. Get the names of all parties involved, as well as anyone who witnessed the accident. Take pictures of the scene of the accident, as well as all vehicles involved in the accident. Contact a lawyer as soon as possible. Your lawyer will work to help you identify all potentially responsible parties.

Contact Our Office

At Metzger & Kleiner, we provide a free initial consultation. To schedule an appointment with an experienced Philadelphia auto defect injury lawyer, contact us by e-mail or call our office at 215 622-2210 in Philadelphia, 610 563-2186 in the Lehigh Valley, or toll free at 800 228-1760.

We take all auto defect injury claims on a contingency basis. We won’t charge attorney fees unless we recover compensation for your losses. Se habla Espanol.

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