Beaumont Defective Parts Accident Lawyers
Did you get hurt in a car accident due to a defective part? Did your injuries require medical treatment? If so, contact the Beaumont car accident attorneys at Portner Bond, PLLC immediately so we can begin working on your case. Defective parts don’t function properly, which can lead to issues with how the car performs and can result in a serious accident.
Manufacturers are supposed to ensure their products are free of hazards and safe for the public to use. If they allow any defective parts to leave the factory and someone suffers injuries in a car crash, they could be held liable for their actions. At Portner Bond, PLLC, we have over 70 years of combined legal experience recovering financial compensation for our clients. When you hire us, we will fight hard to seek the justice you deserve.
We understand the physical, emotional, and financial strain you have experienced. You can depend on our Beaumont defective parts accident lawyers to resolve your case favorably so you can move forward with your life. Call Portner Bond, PLLC at (409) 838-4444 to schedule a free consultation.
Types of Vehicle Part Defects
Vehicles are made up of various systems and parts that operate so the occupants can travel to their destination safely. If there’s a defective part, it should be repaired or replaced immediately. When the manufacturer is aware of any inherent risks to someone’s safety, they must provide a warning label.
Unfortunately, there are times when consumers are unaware of defects in their machinery. They don’t realize they are putting themselves and others in harm’s way each time they get behind the wheel. Common defective parts that could lead to a car accident include:
- Gas tank
- Seat belt
- Braking system
- Steering system
Three types of defects can affect how a car function: manufacturing, design, and failure to warn.
Manufacturing defect – An error occurred during the manufacturing process that caused the final product not to meet specifications or to contain a hazard.
Design defect – The final design carries an inherent risk that could harm the consumer, and the company should have used a safer design.
Failure to warn – The manufacturer knew about the dangers but did not provide warning labels or information for the customer.
Determining Liability After a Defective Part Causes a Car Accident
The most challenging part of a case like this is determining who to hold liable for your injuries. You were in an accident through no fault of your own, and it’s clear that one of the parts on your vehicle is defective. The problem is there are multiple parties that could be responsible, and you have to figure out which one should pay for your expenses.
Another driver – Some careless drivers do not bring their cars in for routine maintenance and repairs, which is hazardous. Additionally, there are times when a recalled part must be replaced, so there is a risk to anyone on the road if it’s not taken care of. If the other driver involved in your car crash knew about a defective part but didn’t do anything to fix it, they could be liable.
Parts manufacturer – The manufacturer owes consumers a duty to provide safe car parts that meet specific standards and don’t contain defects or damage. Any error they make that leads to someone’s injuries can result in manufacturer liability.
Retailer – Even though retailers are not responsible for making the parts, they must ensure the parts they sell are in good condition. If they sell a defective part that causes someone’s accident, they could become financially liable for the victim’s losses.
Shipping company – Individuals within the chain of distribution between the manufacturer and retailer must store and transport car parts properly. If any parts become damaged, they could face legal ramifications if a car crash occurs as a result of the damage.
When you hire Portner Bond, PLLC, your Beaumont defective parts accident lawyer will review the details of your case to determine who was at fault. The other party should be the one to suffer the consequences of their actions when you are injured as a result of their carelessness. We will work hard to prove liability and recover the maximum compensation you deserve.
Seeking Compensation from an Insurance Claim
Every driver in Texas must have liability auto insurance with minimum coverage limits. Those limits pay for an accident victim’s losses. The minimum limits required by law are:
- $30,000 for bodily injury per person
- $60,000 for total bodily injury per occurrence
- $25,000 for property damage
If the other driver involved knowingly had a defective car part that led to the crash, they would be liable for your injuries. The fault system requires the at-fault party to provide the victim with compensation for their damages. Typically, compensation comes from their auto insurance company.
Damages are the expenses (economic damages) and intangible losses (noneconomic damages) suffered as a result of an accident or injury. When you file a liability claim, you can seek the following:
- Medical bills
- Vehicle repair costs
- Physical impairment or disfigurement
- Out of pocket expenses
- Mental anguish
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of household services
- Loss of consortium
If the manufacturer or another company was liable for the defective part, you could file a claim with their liability insurance carrier. Businesses typically carry general liability insurance to cover an injured victim’s bodily injury, property damage, and other costs associated with an accident. The same economic and non-economic damages from an auto insurance claim are available in a general liability claim.
Portner Bond, PLLC will review every available insurance policy to determine the amount of coverage we can help you pursue. Depending on the severity of your injury, we might be able to seek the full liability limits. The insurance company’s settlement offer will depend on their independent investigation into the accident and who they believe is at fault. Our Beaumont defective parts accident lawyers know how to use aggressive tactics to recover the maximum settlement necessary to cover your total damages.
Seeking Compensation from a Lawsuit
Economic and non-economic damages are both available in a civil lawsuit. If you want to sue another driver, the parts manufacturer, or another party for the harm they caused, there’s a statute of limitations you must follow. The statute of limitations in Texas is two years. That means you have two years from the accident date to file a lawsuit. It’s a strict deadline, and if it passes, you could lose your right to compensation.
Punitive damages are an additional financial award available under special circumstances. These damages don’t compensate someone for their losses. Instead, an award of this type punishes the liable party and aims to deter similar misconduct in the future. Juries and judges rarely provide plaintiffs with this type of damage. You will only win them if you can provide clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence.
Portner Bond, PLLC will need to determine the legal theory to base your case on while we’re preparing to file a lawsuit. The most common legal theory is negligence. Negligence is the failure to exercise a degree of care a reasonable person would use to minimize the risk of injury to someone else. To prove negligence, we must show the court that the following elements exist:
- Duty: The at-fault party owed you a reasonable duty of care to prevent you from harm;
- Breach of duty: They failed to perform that duty;
- Cause in fact: If it weren’t for the at-fault party’s actions, you wouldn’t have gotten hurt;
- Proximate cause: Their breach was the direct cause of your injury; and
- Damages: You suffered losses as a result of the breach of duty.
Portner Bond, PLLC will collect all the necessary and available evidence that proves a defective car part caused your accident. The injuries you sustained likely require medical care, and you should not have to pay for any of it yourself. We will consider all past and future damages associated with your case to recover a monetary award that adequately covers everything.
Why Choose Portner Bond, PLLC?
Our Beaumont defective parts accident lawyers have decades of experience handling cases like yours. When accident victims come to us, we work diligently to reach all of their legal goals. We understand the devastation a car crash can cause. We want to ensure we win the compensation you need to get back on your feet and move forward with your life.
At Portner Bond, PLLC, we believe in holding people accountable for their actions. You got hurt due to someone else’s negligent actions. They should be the ones to suffer the consequences, not you. You should not have to pay out of pocket for any of the expenses you incurred. We will use our knowledge and resources to create an effective plan that reaches a favorable outcome in your case.
When you hire us, we will advocate for your rights and fight hard for justice. We know this is an overwhelming experience. There are many aspects to the legal process that can be confusing. We will handle the burden of each step so you can focus on recovering. Call (409) 838-4444 and speak with one of our Beaumont defective parts accident lawyers if you sustained injuries in a crash caused by a defective car part.