Tuesday, May 27, 2008

Automobile Defect Litigation

Read John Sedgewick’s recent article discussing how to identify product liability claims in one-car crashes, available in the latest edition of the Berman & Simmons Newsletter, In Brief: http://www.bermansimmons.com/pdf/newsletter/BS08027-newsletter-tc19.pdf.

As Attorney Sedgewick points out, just because a crash involves only one car does not mean compensation is impossible. If the way in which the vehicle was designed or manufactured caused the crash or led to a more serious injury than would otherwise have occurred, it may be possible to recover damages from the manufacturer, distributor or local dealer. The questions to ask are whether the accident or injury would have been avoided had the car performed as a reasonable consumer would have expected it to perform under the circumstances, and whether the car lacked available safety features.

In order to investigate the possibility of a defect claim, it is critical that the vehicle be retained, and not altered, following the accident. It is best to store the vehicle indoors, where it is secure and not subject to the elements. If you believe you may have an auto defect claim, you should contact at attorney immediately to ensure that the critical evidence is preserved.