Cincinnati Vehicle Malfunction Accident Attorneys
Did you get hurt in an accident due to a malfunctioning system or defect in your vehicle? Are you unsure of your legal options for pursuing compensation? If so, contact Lawrence & Associates, and we will review your case to determine the best strategy for you. Since 2005, we have been helping clients like you recover from their traumatic car crashes. We will fight for the justice you deserve so you can move forward with your life.
Defective cars and parts create dangers for people on the road. Manufacturers are responsible for ensuring their products are safe for their consumers to use. Recalls are common throughout the country, and you could find yourself unknowingly driving a vehicle that isn’t functioning properly.
At Lawrence & Associates, we can pursue legal cases against these manufacturers and hold them accountable for the harm they caused. Call (513) 351-5997 to schedule your free consultation with one of our dedicated Cincinnati vehicle malfunction accident attorneys.
Common Defects that Could Lead to a Car Accident
According to the National Highway Traffic Safety Administration, 966 safety recalls in 2019 affected over 53 million vehicles throughout the country. While you might think small components in your car won’t cause any major problems, you should take all recalls seriously. It’s not worth putting your safety at risk so you can save money. If there’s a part that could cause your vehicle to malfunction, you should address it immediately.
Manufacturers, wholesalers, and dealerships are all responsible for ensuring their vehicles don’t cause an accident. If they notice an issue, they must fix it promptly. If they don’t, they could face legal ramifications.
The most common defective parts and systems include:
- Braking system
- Steering system
- Electrical systems or wiring
- Fuel system
Three types of defects that could put drivers and passengers at risk:
Design defect – The final design of a part or vehicle contains an inherent danger, and the company could have created a safer design.
Manufacturing defect – There was a mistake during the manufacturing process that created a hazardous product that does not meet specifications.
Failure to warn – The manufacturer knew about the dangers of their vehicle or part but didn’t provide the required warning labels or information for consumers.
Vehicle Recalls You Should Know About
Here’s a list of the most recent vehicle recalls so you can look to see if your vehicle is listed. You may be entitled to financial compensation. The link displays the complete list and details regarding the malfunctioning systems and defective parts. If you were injured in a crash while you or someone else was driving one of these cars, Lawrence & Associates will help you go after the manufacturer for the maximum financial award available.
Some recent recall examples:
- Transmission issue: 2018 – 2020 Buick, Cadillac, and GMC transmission issues
- Possible suspension fracture: 2013 – 2017 Ford Explorer
- Roof pillar padding: Audi Q7
- Fuel pump: 2013 – 2019 Toyota and Lexus models
- Possible fuel leak: 2016 – 2018 Volkswagen Jetta
- Side airbag interference: 2020 Toyota Highlander
- Faulty airbag inflators: Honda Civic
How to Determine Liability After a Vehicle Malfunction Accident
Figuring out who is liable after this type of car crash can be challenging. Lawrence & Associates has the experience and resources to investigate and determine who you can pursue for compensation to cover your losses. You likely incurred various expenses while treating your injuries, repairing the defective parts, or replacing your entire vehicle. You were not at fault; you should not be the one that has to pay.
Manufacturers – The manufacturer has a legal duty to make products that function correctly and do not contain unreasonably hazardous components. If an issue with the design, manufacturing process, or warning labels caused your accident, they should be financially responsible for the costs you incurred.
Car dealerships – The dealership where you purchased your car could be at fault for selling you something they knew was defective. They might have made promises about the performance and safety of the car or its systems that pushed you to buy it. If one of those features fails, you could end up in a car crash.
Wholesalers and shippers – When they pick up vehicles and parts from the manufacturer, the transportation company must ensure they don’t cause any damage. While storing or transporting these products, negligence could lead to a damage-related malfunction that causes devastating injuries or fatalities.
Parts manufacturers and retailers – Manufacturers should follow the design specifications so the parts they make won’t cause anyone harm. The retailers should store their products in a way that prevents damage and ensures what they’re selling to their customers is safe.
Compensation You Might Be Recover in an Insurance Claim
Many companies in Ohio carry general liability insurance. This insurance provides compensation to accident victims when negligence causes their injuries. The amount and types of coverage listed on their policy determine the amounts and types of damages you can pursue.
Damages refer to all the expenses and losses suffered by an injured party. When you file a liability claim, you could seek an insurance settlement for the following damages:
- Past and future medical bills
- Lost wages
- Lost future earnings
- Pain and suffering
- Emotional trauma
- Out of pocket expenses
- Property damage
- Loss of quality of life
- Loss of consortium
In some situations, you might be able to file a claim with the other driver’s auto insurance company if they knew they were driving a recalled vehicle. Under Ohio’s fault system, the person that causes an accident is financially liable for the victim’s injuries, property damage, and other losses. All Ohio motorists are legally required to carry auto insurance with minimum liability limits. Depending on the amount of coverage, you could potentially compensate for your total damages.
The Importance of Modified Comparative Negligence
The negligence law in Ohio could affect the monetary damages you are allowed to pursue. Modified comparative negligence reduces an accident victim’s damages by the percentage of fault they share. If you partially contributed to your car crash, you would not be able to recover the maximum financial award available.
To clarify, let’s say your total damages are $100,000. In a state without comparative negligence laws, you could file a lawsuit for the full $100,000 in compensation. However, in Ohio, if you were 20% to blame, you would be entitled to no more than $80,000.
Never readily admit any degree of fault to the investigating officer, insurance company, or another driver. You could ruin your chances of winning the amount of money you need to pay for all of your expenses.
Compensation You Could Receive from a Lawsuit
If you want to file a lawsuit against the car manufacturer, parts retailer, or another liable party, you must comply with the two-year statute of limitations. When you get hurt in an accident due to another person’s careless actions, you only have two years from that date to pursue legal action. It’s a strict deadline, and if it passes, you could lose your right to a monetary award in this matter.
When you prepare to sue someone for damages, you must determine the appropriate legal theory to use. Negligence is a common basis for cases like yours. To prove negligence, you will have to show evidence that the following five elements existed:
- Duty: The at-fault party owed you a reasonable duty of care to prevent you from harm;
- Breach of duty: They failed to perform that duty;
- Cause in fact: If it weren’t for their actions or inaction, you wouldn’t have gotten hurt;
- Proximate cause: The at-fault party’s failure of duty was the direct cause of your injury; and
- Damages: You incurred losses.
Your Cincinnati vehicle malfunction accident attorney will thoroughly investigate your accident and gather crucial evidence that proves someone else should be held liable for the suffering you endured. Driving a vehicle containing a recalled part or system puts everyone in harm’s way. When a collision occurs, it can result in life-threatening injuries. If you end up with a disability or physical limitations, you might require ongoing medical care and assistance performing routine tasks. You don’t have to go through this alone. We will stay by your side until the very end of your case.
Why Choose Lawrence & Associates?
Our legal team cares about our clients. When you hire us, we will use every resource at our disposal to reach a favorable outcome in your case. We won’t back down from the fight ahead and will work tirelessly to get you the compensation you need. While you’re recovering from your injuries, you can count on us to handle each step of the legal process on your behalf. We will take on the burden, so you don’t have to face this challenging situation by yourself.
At Lawrence & Associates, we have built a reputation for excellent customer service. You won’t be just another number to us. We will provide you with the personalized attention you deserve and guide you throughout your entire case.
If you or your loved one sustained injuries in a vehicle malfunction car accident and want to find out more about our services, call (513) 351-5997 today.