Did your car accident occur because of a car defect in one of the cars involved? The law still gives you the right to seek compensation for your losses. However, your case will be a little more complicated than the usual insurance claim. You should consider turning to an experienced Indianapolis auto accident attorney for help. There are several reasons for that.
How Can an Auto Accident Attorney in Indianapolis Help in Case of Car Defects?
When the main cause of an accident is a car defect, establishing liability is tricky. There are several scenarios possible, each with different implications. We will review the most common of them in the following lines.
Driver at fault for failing to ensure adequate car maintenance.
In such cases, the claimant needs to prove that the driver neglected their duty of care. Perhaps they forgot to take their car in for regular inspections, maintenance, and repairs. As an accident victim, you have two possible defendants to your claim: the driver or their insurer. To identify the best one, you should consult an Indianapolis auto accident attorney. They will recommend the best situation taking into account your case details. The car’s technical expertise and the available insurance coverage are among the most important.
Car manufacturer at fault for selling a defective product. Mistakes are frequent in the automotive production process.
When they occur, the manufacturer is usually the one who should answer. To establish manufacturer liability, an auto accident attorney in Indianapolis will look for case precedents. They will investigate to find evidence that the defect is common in the respective car make and model. Sometimes, manufacturers recall defective products. If they do, and their clients do not bring their products in, their clients should bear the responsibility.
Car maintenance and repairs provider for failing to maintain the car functional and safe.
Let us assume the car left the automotive plant in perfect order. The owner/driver took it to an authorized repair also maintenance center and paid for the services. However, the services were either of poor quality or never performed. In such cases, the maintenance service provider or their insurer should answer. Of course, it will take an experienced Indianapolis auto accident attorney to prove their liability.
Parts manufacturer for producing and selling a defective part.
This is possible when the defect affects a recently replaced part. Of course, the claimant needs to prove the part manufacturer’s liability. This may take extensive verifications and a thorough technical expertise. An experienced Indiana car accident lawyer will know exactly what to do.
Depending on case specifics, the claimant can seek compensation from the party at fault or their insurer. The first option means filing a civil lawsuit. The second option means filing a claim with the insurance company. In both cases, the burden of proof falls on the claimant. They need to show that:
- The defendant is responsible for the car defect.
- The defect led to the accident.
- The injuries and damages they incurred justify the compensation request.
This is easier said than done. That is why it helps to receive advice from an experienced auto accident attorney in Indianapolis. They will review your case also tell you exactly what to expect. They’ll investigate to identify the nature of the defect and the circumstances in which it occurred. They will gather all the necessary evidence to prove liability and document your losses. They will defend your interests as if they were their own, and get you the compensation you deserve. With their help, you should be able to recover damages referring to:
- Repair or replacement costs for your car and any other assets damaged or lost during the accident
- Medical expenses (doctor visits, treatment, surgery, etc.)
- Recovery costs (physical and psychological therapy, home care, chiropractic care, etc.)
- Emotional and physical pain and suffering
- Lost wages and income earning capacity
- Other non-economic losses (consortium, enjoyment, etc)
The sooner you contact them, the more you will benefit from the collaboration.
Get in Touch with an Indianapolis Auto Accident Attorney Now!
If you incurred injuries in an accident having a car defect as the main cause, we can help. At Rowe & Hamilton, we know all about car defects also how to prove them. We can help you build a solid case and obtain consistent compensation.
To find out how, schedule a FREE consultation with our Indianapolis auto accident attorney. Therefore you can reach us online using the contact form or by phone at 317-482-7888. We look forward to providing the advice and information you need!