Motor Vehicle Accident Cases: When Insurance is Not Enough

Oct 5, 2016 - Car Accident by

Motor Vehicle Accident Cases: When Insurance is Not EnoughSometimes insurance does not adequately compensate victims for injuries sustained in vehicle accidents. Another source of compensation may come from the vehicle manufacturer.

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:

  1. 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.
  2. The vehicle was being used as it was intended to be used when the defect caused the injury.
  3. 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.

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You have nothing to lose by letting our attorneys advise you of your options. For a free, immediate attorney review of your case, contact us using the form below or call us at (903) 597-6000.

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