Often when a car accident occurs, the biggest question after injuries are addressed is the question of which party is to blame. Usually the party to blame for the incident is one of the drivers involved in the incident. However, occasionally the blame for an incident can be attributed to a car manufacturer in a situation when there was a defect present in the car, and, as a result, the accident occurred. Filing a claim against a car manufacturer when the car has a defect is done through product liability claims.
If you can prove that the car manufacturer was to blame for your car accident, you may be able to recoup significant damages. However, proving that a certain defect actually caused an injury can be very difficult. It is important to research how the law works in the state of Illinois before filing a claim.
What must I prove in order to make a successful claim?
First of all, in a product liability car accident claim, you must be able to show that the defect present was an unreasonably dangerous one that became present as a consequence of the car’s design, its manufacture, or the handling and shipment.
In addition, the car must have been used the way that it was supposed to be used when the defect arose or when the accident occurred. If the car was being misused, the liability is generally with the driver when it comes to the occurrence of the defect, and, therefore, a product liability claim cannot be pursued.
The defect must be shown to have directly caused the incident in question, and it should also be demonstrated that without the defect, the incident would not have occurred.
Anyone making a product liability claim should bear in mind that the vehicle manufacturers may present some strong defense arguments. This is often the argument that the vehicle in question was not well maintained.
If you have been in an Illinois car accident and you believe that a vehicle defect was the cause, you should take the time to research the law and take action if you believe that you have a strong case.