OnderLaw, LLC can help you if you suffered an injury from a defective vehicle. A car defect includes a design flaw or a malfunctioning part. Most people purchase their vehicle, trusting that it’s safe. If the manufacturer failed to provide a car that operates correctly, they could be liable for a resulting accident.
Every car on the road requires specific parts to function correctly. If any become defective or get installed improperly, it could lead to a crash. It’s stressful enough to get injured in a car crash, but it’s especially frustrating when it’s due to a manufacturer’s negligence.
Victims of car defect collisions could experience a range of issues, including:
- Brake defect or failure
- Poor safety design
- Improper airbag release
- Weak roof design
- Structural collapse
- Seat belt malfunction or failure
- Tire blowout
- Inadequate fuel system that causes a fire after a crash
- Automatic brake malfunction
- Vehicle rollover
If any dangerous conditions exist in your vehicle and you got into an accident because of it, you could potentially seek compensation. You shouldn’t have to pay for expenses because of someone else’s negligence. OnderLaw, LLC believes in seeking justice and holding people accountable for their careless actions. Call us today for a free consultation at (314) 963-9000.
How to Prove a Car is Defective
After a car accident occurs, you should make sure a thorough inspection is conducted. While you might want to bring it in for repairs or replace it immediately, wait for an inspection. It could prove to be the most crucial evidence in your case. An expert can analyze the entire vehicle for any defects, malfunctions, or other hazardous conditions that caused your crash.
To prove your claim that a car defect led to your accident, you must verify the following:
- A defective part existed in the vehicle;
- The defect resulted in an accident that caused your injury; and
- You suffered physical harm and financial expenses because of the crash.
If you can prove a defective part in your car caused your injuries, you’re entitled to financial compensation from the manufacturer of the part.
File a Claim with the Manufacturer of Your Defective Car Part
Immediately after your accident, you should follow these steps:
- Call 911. Missouri law requires notifying law enforcement of any motor vehicle crash that causes injury, death, or vehicle damage. An officer will investigate and write a traffic crash report.
- Take photos. Pictures of the accident scene, including damage to all vehicles involved, skid marks, and other evidence is vital in an insurance claim.
- Exchange insurance information. Write down the other driver’s name, contact information, and insurance information in case you want to file a claim with their insurance company.
- Talk to witnesses. If anyone saw the crash happen, get their names and phone numbers. They could testify if your case goes to trial.
- Seek medical attention. Even if your injury is minor, go to a hospital or an urgent care facility. You’ll undergo a thorough evaluation and get referred for further treatment, if necessary.
- Hire a lawyer. A lawyer is your best option at pursuing the maximum compensation available in your case.
If you believe a defect in your car caused the accident, get an inspection. Obtain a copy of the results so you can submit it to your insurance company. You can also file a claim with the general liability insurance used by the manufacturer. The submission of sufficient evidence is crucial to prove the manufacturer failed to provide a safe vehicle.
What if There Was a Defect in the Other Car?
If there’s a defect in the other person’s vehicle, you should file a claim with their auto insurance and the parts manufacturer’s liability insurance. All companies that manufacture products typically hold general liability insurance. It covers expenses for an individual injured because of the manufacturer’s negligence.
The liability policy lists a limit for bodily injury. You could pursue compensation up to the limit available. In car defect cases in Missouri, you could receive reimbursement for damages. Compensatory damages are the total cost and losses incurred from an accident or injury.
Two categories of compensatory damages exist: economic and non-economic. Medical bills and other expenses fall under economic, while pain and suffering fall under non-economic. Following is a list of economic and non-economic damages:
- Medical bills: Total cost of necessary treatment for the injury.
- Lost wages: Wages you couldn’t earn because your injury prevented you from working.
- Loss of future earnings: Any future pay you won’t receive because you can’t return to work for some time.
- Pain and suffering: Physical pain experienced after the accident.
- Emotional distress: Psychological or emotional trauma resulting from the crash, such as stress or PTSD.
- Disfigurement: Permanent scarring or another physical injury that affects your appearance.
- Permanent disability: Significant injury that prevents normal bodily function, such as a loss of limb.
- Loss of enjoyment of life: The inability to enjoy the life you had before the accident happened.
- Loss of consortium: Compensation for an immediate family whose relationship with the victim changes because of the injury.
- Death benefits: Loved ones could seek compensation for funeral costs and other expenses if the victim dies because of a car defect that caused the crash.
If a parts manufacturer’s actions were particularly egregious, you could file a claim or lawsuit for punitive damages. Punitive damages punish the responsible party by pursuing a financial award. Instead of receiving compensation from an insurance company, you would receive it directly from the manufacturer.
What’s the Deadline to Sue?
If you decide you want to file a lawsuit against the manufacturer of the defective part for their role in your accident, there’s a statute of limitations to follow. The statute of limitations to sue for product liability is five years under Missouri law. That means you only have five years from the date of the accident to bring legal action against the manufacturer.
The statute is strict. If you miss the deadline, you lose your right to file a lawsuit for compensation. If you try to file, the judge will most likely dismiss the case because the statute passed. Hiring a lawyer from OnderLaw, LLC will ensure you don’t miss any deadlines. Lawsuits are complex, and it’s difficult to figure out how to handle it if you don’t have experience.
What Should I Do if I Can’t Afford a Lawyer?
It’s overwhelming when you get injured in a car defect accident and don’t know how to handle a legal case. It’s even worse if you can’t afford legal representation. Most people who try to handle their case without a lawyer end up losing or receive less compensation than they deserve.
OnderLaw, LLC doesn’t want to add to your financial burden. We take cases like yours on contingency. A contingency agreement doesn’t require upfront costs or fees. When you hire us, you won’t have to pay us anything initially. We take a percentage of the settlement for our legal fee when we resolve your case. If we don’t win your case, you won’t owe us anything.
We also offer an initial consultation free of charge. There’s no risk or obligation to speak with one of our attorneys. We will provide legal advice and determine if you have a solid case. There’s no pressure to make a decision on the spot or hire us if you decide not to pursue legal action.
Why You Should Choose OnderLaw, LLC to Represent You
We represent clients just like you and have recovered millions of dollars since opening our firm in 2002. Our clients are important to us. We know how devastating it is to get into an auto accident. You’re suffering from your injury and can’t earn a living. It’s our goal to win the maximum settlement available.
We treat everyone who walks through our doors like family. You can depend on us to answer all your questions and walk you through the legal process. Our legal team is available 24/7 to fit everyone’s availability.
We have received recognition from prestigious legal organizations, including SuperLawyers, Million Dollar Advocates Forum, and Martindale-Hubbell. Our AV rating from our peers in the Martindale-Hubbell listing proves our success and work ethic.
We aim to help those in need and create a safe community. OnderLaw, LLC supports various charities and participates in local and national fundraising events. Some of the organizations we support include Parents for Window Blind Safety, Lupus Foundation of America Walk, and Toys for Tots. We use our standing within our community to give back to those in need.
Clients We Serve
We represent victims of car defect accidents throughout Missouri, Illinois, and Kansas. We use our knowledge of state laws and the available resources to fight for our clients’ rights.
Our attorneys have decades of combined experience pursuing insurance claims and litigating cases in court. When you hire us, we will make it our mission to seek the justice you deserve.
Contact OnderLaw, LLC to Speak with a Dedicated Lawyer
Were you injured in an accident caused by a car defect? Call OnderLaw, LLC at (314) 963-9000 to schedule your free consultation. We’re ready to take on your case and help you recover.