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On behalf of The Law Offices of Howard Craig Kornberg posted in Truck accidents
If you are injured in a motor vehicle accident and have reason to believe that defects in a car, truck or other vehicle contributed to the accident or the injuries sustained, then you might be able to file a lawsuit for a motor vehicle defect claim. These types of lawsuits differ slightly from typical personal injury claims, specifically related to the burden of proof.
In a typical personal injury lawsuit, you usually claim that someone caused an accident or injury through one’s own negligence or carelessness. When you are claiming that a defect in a motor vehicle caused an accident or increased the severity of injuries, you don’t have to show that carelessness was a factor. Instead, you have to show that a defect existed and that it was integral in the accident or injury.
Defect claims can be based on all types of problems with a vehicle if they are related in some way to the reason you were injured. For example, exhaust defects might have led to health issues, especially for someone who drives a great deal. If the health issues can be linked to the exhaust defect, you might have the basis for a case even if no actual motor vehicle accident occurred.
In another instance, failure of a brake system might cause an accident that leads to injury. You might have to show that the brake system was defective and that it didn’t fail because of a lack of maintenance. If the evidence is sufficient in that regard, you might have a case for compensation.
Other defects might include electrical system issues, body and frame problems, failure of the fuel system or steering that doesn’t work properly. Working with an experienced personal injury lawyer lets you understand if you have a case and what evidence is needed to increase the chance of a successful outcome.