Sometimes insurance does not adequately compensate for injuries sustained in a vehicle accident. Another source of compensation may be the vehicle manufacturer.
In some situations, the injuries sustained in a collision are very serious – sometimes more serious than expected. Victims incur what are commonly referred to as "enhanced injuries," or injuries that result from a defect in the vehicle.
"Enhanced injuries" are often caused by:
- Seat belt defects
- Air bag defects
- A roll bar that collapses
- Fire after impact
These injuries may require long-term treatment, or may be permanent. In instances where the insurance policies cannot adequately compensate the injured, the crashworthiness of the vehicle should be carefully examined to determine if any fault lies with the manufacturer.
Manufacturing defect liability can be difficult to prove. Usually expert testimony is required, such as engineers and materials experts to prove the faulty construction of a vehicle or of a particular part, and other experts who can testify how the defect can affect the human body in a collision.
If you are able to prove that the manufacture is at fault, however, the manufacturer will only be liable for that portion of the damages attributable to the manufacturing defect. Sometimes this is difficult to apportion.
For example, if a roll bar in an off-road vehicle fails, but the driver and passengers were not wearing seat belts and were ejected, it would be difficult to apportion the fault among the manufacturer of the roll bar and the individuals who were not wearing their seat belts.
However, if any fault can be attributed to the manufacturer, the victim may then be able to look to the manufacturer for compensation.
If you or someone you love has been injured as a result of a vehicle accident, our Texas personal injury attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.