As drivers, we trust that our cars are free of any defects that could put us at risk of an accident. In fact, automobile manufacturers must undergo stringent processes to ensure that their vehicles are safe and effective. Unfortunately, defects can occur along the supply chain, leading to dangerous vehicle conditions that can lead to serious collisions.
If you are in a car accident and believe that an automobile defect is responsible, you may have grounds for a defective product lawsuit—and Boulder automobile defect lawyers at Purvis Gray Thomson, LLP can help. Our lawyers can help you identify the cause of your accident and hold the manufacturer accountable.
Automobile defects can involve all parts of a car, from major systems to the smallest components. A vehicle may be inherently defective in its design, or it can suffer damage during the manufacturing process that makes it dangerous. In other cases, an automobile may fail to include proper warnings or instructions for certain features.
Some of the most common types of automobile defects involve the following.
If you are in a car accident and believe that a vehicle defect caused the collision, you have the right to file a product liability lawsuit against the manufacturer, distributor, or retailer of the defective vehicle. An automobile defect lawsuit allows you to recover compensatory damages for the economic and non-economic losses you sustained in the accident.
To prove your right to compensation, you will need to provide sufficient evidence that establishes four key elements.
For example, say that you are driving along a busy highway when your braking system suddenly fails. Another vehicle collides into the rear of your car, leading to a severe lower back injury that requires corrective surgery.
In this situation, your medical records can establish your injuries. Your Boulder automobile defect attorney from Purvis Gray Thomson, LLP can enlist the help of expert witnesses who can examine your automobile and provide a report on the nature of the defect. Surveillance footage, witness testimony, and police reports can establish the sequence of events leading up to the accident and prove that you were not operating the vehicle in a negligent way.
Many product liability claims settle before going to trial. If your case does make it to the courtroom, however, the at-fault party may claim that you are partially responsible for the accident. If the court accepts this claim, it will reduce your award by the percentage of fault that it believes you share.
If the court finds you 50 percent or more responsible for the collision, you will not receive any compensation. In these situations, you need a Boulder car accident attorney on your side who can defend you against these accusations and protect your right to recovery.
Through an automobile defect lawsuit, you can recover compensation for your economic, or financial, losses, as well as the physical and emotional pain and suffering you sustained. Common damages in automobile defect cases include the following.
Before filing a lawsuit, it is important to estimate the full extent of your damages so you can avoid an insufficient settlement. Your automobile defect attorney from Purvis Gray Thomson, LLP can help you calculate your economic damages using paystubs, medical bills, invoices, and other financial documents.
For future medical expenses, your attorney will enlist the support of expert witnesses, such as economists and healthcare professionals, to calculate your long-term costs. Your Boulder automobile defect lawyer will also have access to formulas that he or she can use to calculate your intangible pain and suffering damages.
In Colorado, victims of dangerous and defective products have two years from the date of the injury to file a claim against the automobile manufacturer. If you do not file within the two-year period, the court will likely dismiss your claim—preventing you from recovering the compensation you deserve. As soon as you realize that you may be the victim of a defective automobile, speak to an attorney at Purvis Gray Thomson, LLP to discuss your next steps.
Automobile manufacturers must be held responsible for defective vehicles. If you are in an accident and believe that a defect is to blame, speak to the Boulder automobile defect lawyers at Purvis Gray Thomson, LLP. Our attorneys can represent you in your claim and help you identify your optimal path to compensation. Contact us today to schedule a free consultation and learn more about your legal options.