At some point in our lives, most of us will be involved in some sort of car accident. Most of them are minor. Someone backs into your car in a busy parking lot. Or you’re driving along in rush-hour traffic and someone clips the front of your car. Usually the only damage is the damage to your car. Most of these minor accidents are caused by ordinary negligence.
Negligence occurs when someone doesn’t behave the way they should. For example, someone is driving above the speed limit and can’t stop in time at a red light. Or they fail to stop at a stop sign and smash into the back of another vehicle. Legally, negligence is when someone owes you a duty of care and breaches that duty.
In order to recover under negligence in Texas, your car accident attorney will have to prove four (4) things:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the defendant’s breach
If you can prove these four things, you’ll recover damages from the other driver. However, there are times when your crash has nothing to do with negligence. In fact, th accident may not even involve another vehicle. Thousands of people are injured every year because of a defect in their car. This could be either a manufacturing defect or a design defect. While the result is the same – you were hurt – there are significant differences between these two types of cases. Here, we’ll highlight these differences and explain who your Texas accident lawyer will need to pursue in order for you to receive damages.
A Design Defect Means the Car Would Be Unsafe No Matter How Perfectly it Was Made
If your Texas car accident is the result of a design defect, it means the vehicle would’ve been unsafe no matter how perfectly it was made. In these cases, the way the car designed is what makes it unsafe. Something in the design is off and, as a result, people driving these cars end up getting injured. For example, the car may be designed in such a way that it explodes upon impact. Or it may use component parts that are deemed unsafe. In these cases, your Texas accident attorney will have to pursue the company that designed the car in addition to the company that made it. If these are two different entities, then you’ll need to name more than one party in your car accident lawsuit.
Manufacturing Defects are More Common than Design Defects
Often times, cars are defective because they weren’t made properly. Maybe the company that manufactured the car didn’t install certain parts the right way. Or, they may have used inferior materials in the construction of the vehicle. While most manufacturing is done by machines, they still involve the human element to a certain extent. And, people aren’t perfect. They make mistakes. The problem is that when these mistakes involve huge machines like a car or SUV, they can be deadly.
If your car accident lawyer in Texas can prove that the auto manufacturer made a mistake in the construction of the vehicle, you may have a case for product liability. The damages in these cases are the same as in any other car accident case. You can demand medical bills, lost wages and even pain and suffering.
Contact an Experienced Car Accident Attorney in Texas Right Away
If you’re injured in a car accident caused by a defective vehicle, you should call an experienced car accident lawyer in Texas. These cases can be quite difficult to prove. And, you’re not pursuing an individual driver. You’re pursuing a large company. This means that they’ll have an entire team of attorneys there to defend them. If you aren’t represented, you’ll be at a serious disadvantage. That’s why you should contact our office as soon as possible after your car crash in Texas.
When you call our office, schedule your free initial consultation. You can sit down with someone who knows what it takes to get you the compensation you deserve. Our attorneys understand how defective car cases work and they know what it takes to prove fault. You can either come into the office and meet with one of expert staff or we can conduct the consultation by telephone. Either way, the consultation is absolutely free, and you don’t pay a dime until you settle your case.