To children and senior citizens, being involved in a car accident can be a cause of serious trauma, especially if they sustain severe physical injuries. Car accidents are among the most common causes of injuries and deaths in the U.S. More than five million road accidents involving cars still happen on U.S. roads annually – more than two million of these accidents result in injuries, while more than 30,000 result in death.
According to the National Highway Traffic Safety Administration (NHTSA), the top causes of car crashes are drunk-driving, recklessness driving, over speeding and driver error. While all these may fall within the control of the driver, there are also causes identified by the NHTSA that fall outside the driver’s control – these are road defect and vehicle or car defect.
Car defects can be very hard to prove, despite certainty of a driver that something in his/her vehicle failed to function well, thus the car accident. If the defect is indeed proven, the car manufacturer usually makes a recall of the particular model to correct whatever mistake the manufacture of the car resulted to.
Mistakes are often caused by skipping a necessary manufacturing step/procedure or by adding a step in the manufacturing process, but which should not have been added in the first place. Though it may be clear that producing a defective car is never intentional, the fact that it passed quality check from the manufacturer and got released into the market, are but just signs of carelessness and gross negligence.
Karlin, Fleisher & Falkenberg, LLC explains that even if it is impossible to ensure all vehicles that make their way onto the marketplace will be free of defect, automakers do have a responsibility to do everything they can to fix a problem as soon as they become aware of it. That being said, members of the automotive industry may still be held liable for any accidents caused by a defect that occurred before a recall was issued.
In many instances, car makers will try and reach out to accident victims with settlement offers as a way to keep the details of victims’ cases away from the public. Though these offers may seem attractive, this should not be accepted. Depending on the circumstances, it may be best for owners to take their case to court.