How Do I Sue a Company for a Car Accident?

While many car accidents involve driver error and recklessness, a vehicle manufacturer can also be liable for a crash. 

Car manufacturing companies must design, manufacture, and distribute vehicles that are safe to drive by human beings. When such a company knowingly sells unsafe car parts that end up causing an accident and damages, victims can seek justice through a settlement. 

Lodging a product liability claim against large corporations like car manufacturers or dealerships can be an uphill battle, especially when the defect is likely to initiate a recall. If you’re concerned about making your product liability lawsuit a success, the lawyers at The Nye Law Group are here to help you understand your options to sue. 

Types of Car Part Defects

Suing the liable company begins with identifying the defect that caused a malfunction or failed to protect you or your loved one during an accident. You may be looking for one or more of the following defects:

• Manufacturing Defect – The product was improperly assembled or constructed. In cases of drug defects, for example, the product may have been contaminated with other chemicals or drugs. 

• Design Defect – A design flaw occurred before the product’s manufacture, making the product unreasonably dangerous.

• Marketing Defect –  Failure to include sufficient safety information, usage manual, risks presented by operating the car, and so on.

In some cases, these defects may even lead to a recall of the product. If you’ve been hurt by a car defect, you may be eligible to sue, especially if it was recalled for safety reasons. 

Strict Liability in Product Defect Claims

In many states, the legal doctrine of strict liability means you can avoid proving elements of negligence by showing that the defective product caused injuries despite using it as intended. This is not the case for North Carolina, however. You’ll need to prove negligence, as you would with other injury claims. 

Luckily, your lawyer can be a key part of proving the negligence of the at-fault party. Was the defect caused by an omission of action or violation of safety regulations? Did the manufacturing company fail to fulfill a sales guarantee or warranty? Talk to your lawyer if you have any questions about these aspects. 

Filing a Product Liability Claim after a Car Accident

After seeking medical treatment for the injuries and reporting the incident to the police for an official report, review your case with a product liability attorney before filing the claim. You want to be certain your case is strong enough, you have sufficient evidence, and most importantly, you’re pursuing the right amount of settlement for your damages. 

Typically, your attorney will start by sending a demand letter or notice of intent to sue. The defendant, through their insurance company, will reply either with an offer or a denial of your claim. 

From here, parties will go into negotiations until they come to a concession. A seasoned lawyer will not accept a settlement if the amount doesn’t fully cover your damages. If the insurer cannot pay the requested amount, your case may go to trial, where your lawyer will represent your case before the judge.  

Get in Touch with a Product Liability Attorney

Despite suffering injuries from a manufacturer’s fault, the insurance company might still try to deny liability or pin some blame on you to reduce the settlement. Protect your right to justice by consulting a product liability attorney from the beginning to ensure you’re on the right path. 

The Nye Law Group lawyers are ready to evaluate your case and offer the best strategy forward. Call us at 912-200-5230 or fill out the contact form below for a free consultation, and we’ll get in touch.