When you purchase a motor vehicle, whether a car, a truck, an SUV, or a van, you have every reason to expect that it will provide a reasonable degree of safety to you and your family in the event of an accident. The ability of a motor vehicle to protect its occupants in the event of a collision or other type of accident is known as crashworthiness. Makers of automobiles and automotive parts are expected to design, manufacture, and rigorously test their products in accordance with certain standards of crashworthiness. If a motor vehicle fails to provide protection that meets these standards, and the occupants of the vehicle are injured or killed as a result, the designers and/or manufacturers responsible for the lack of crashworthiness may be held liable as a result.
The Melbourne personal injury attorneys of the Charpentier Law Firm handle the full range of auto accident cases, including those involving lack of crashworthiness. If you or a member of your family has been seriously injured, or if you have lost a loved one, due to the failure of your car, truck, SUV, or other motor vehicle to protect you in the event of an accident, our lawyers can provide you with the aggressive representation you need. We can help you obtain the full measure of damages to which you are entitled, including compensation for medical bills, rehabilitation expenses, lost wages, pain and suffering, and other losses and expenses stemming from your injuries.
If you have questions about crashworthiness, or if you would like to schedule an evaluation of your Melbourne crashworthiness claim, please contact the Charpentier Law Firm today.
About Product Liability Law
In general, crashworthiness claims fall under the umbrella of product liability law. Product liability refers to the area of personal injury law involving defective and unreasonably dangerous products. Depending on the nature of the product defect, a product liability claim can be filed against any or all of the parties involved in the design, manufacture, and marketing of a product.
In the case of crashworthiness claims, our Melbourne auto accident attorneys must be able to show that:
- There was a flaw in the design or manufacture of the motor vehicle that resulted in its not being sufficiently crashworthy;
- This flaw resulted in injuries that could have been less severe or prevented altogether if the motor vehicle had been designed and/or manufactured to appropriate crashworthiness standards;
- The injuries resulted in demonstrable losses and expenses on the part of the occupant or occupants in the motor vehicle.
Unlike most personal injury claims, product liability claims usually bring the doctrine of strict liability into play. This means that there is no obligation on the part of the plaintiff (the injured party represented by our Melbourne attorneys) to pinpoint a specific act of negligence on the part of the defendant (the designer and/or manufacturer of the motor vehicle). The presence of a defect in the product in such cases is sufficient evidence of negligence.
For further information about crashworthiness litigation, please call, visit, or email the Melbourne personal injury attorneys of the Charpentier Law Firm today.