In some situations, the injuries sustained in a collision are severe. Victims incur what are commonly referred to as “enhanced injuries,” or injuries that result from a defect in the vehicle. Such injuries are often caused by:
- Seat belt defects
- A roll bar that collapses
- Fire after impact
Enhanced 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.
You may be able to make a strict liability claim against a vehicle manufacturer if all three of these conditions exist:
- The vehicle or its components had an “unreasonably dangerous” defect that caused your injury. This defect can be because of the design of the vehicle, the way it was manufactured, how it was handled or shipped or because there was a failure to warn consumers.
- The vehicle was being used as it was intended to be used when the defect caused the injury.
- The vehicle was not substantially modified from the original condition in which it was sold.
When proving 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 determine. However, if any fault can be attributed to the manufacture, the victim may then be able to look to the manufacturer for compensation.
If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.
Justin is an attorney at Roberts & Roberts and focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. He has earned recognition as a “Top 40 Under 40” Trial Lawyer by the National Trial Lawyers. Prior to joining Roberts & Roberts, Justin served as an attorney in all three branches of Texas’s state government, including as a Briefing Attorney on the Texas Supreme Court. He also represented electric and natural gas utilities in complex regulatory proceedings before the Public Utility Commission of Texas and the Railroad Commission of Texas. Justin is a published author in the St. Mary’s Law Journal.