What If A Crash Was Caused By An Auto Defect?
You expect one or more drivers to be found at fault for a car accident. However, some car accidents are caused by defects in the vehicle. Colorado’s defective design laws may come into play in these situations.
If you were injured due to an auto defect, contact our Boulder car accident attorneys at Daniels & Scriven, P.C., today to pursue financial compensation.
Three Types Of Product Defects
Motor vehicles and other consumer products are supposed to be safe to use as intended. When they are not, a party involved in the stream of commerce can be held responsible for resulting injuries. There are three types of product defects:
- Manufacturing defects: A manufacturing defect occurs when a problem occurs during the manufacturing process. For example, the wrong screw may be used, causing a component to unexpectedly dislodge.
- Designing defects: A design defect arises when the product is made as intended, but there is an inherent flaw in the design. For example, the vehicle’s design may make it more likely to flip when making a sharp turn or for it to explode in case of a collision.
- Warning defects: A warning defect occurs when the product lacks proper warnings for a consumer to avoid injury. For example, the auto-drive function may not warn consumers not to leave the front seat.
An experienced personal injury attorney in Boulder can help with your auto defect claim process.
What To Look For In A Lawyer When A Product Defect Is Involved
To recover compensation in an auto defect case, you must be able to show that the design was unreasonably dangerous, a problem occurred during the manufacturing process that rendered the product unreasonably dangerous, or the product had a lack of warnings to prevent injury. This can be difficult for someone without a legal background.
For this reason, it’s essential to work with a lawyer who is experienced and knowledgeable about both car accidents and product liability law.
Your lawyer may need to conduct extensive discovery to determine how the accident happened, who was responsible, and that the responsible party knew about the problem but failed to do anything to fix it. Insurance companies and defendants may try to argue that the driver was negligent and no defect was present, so it may be necessary to obtain evidence to refute such defenses. Your lawyer may need to hire expert witnesses to provide specialized testimony that the judge or jury can rely on when assessing liability.
Deadline To File A Product Defect Lawsuit In Colorado
The general deadline to file a personal injury lawsuit based on motor vehicle collisions is three years in Colorado. However, you might have up to seven years to file a defective product case. In some cases, the statute of limitations may be as short as one year from the accident date. It’s essential to work with an experienced lawyer who can advise you of the deadline that applies to your case.
Contact Our Experienced Defective Product Lawyers For A Free Consultation
If you would like to learn more about your legal rights and options for pursuing compensation after being injured in an auto accident involving a defective product, contact Daniels & Scriven, P.C.
Our experienced product defect lawyers are here to help.