Although there are many outside factors in a car accident, one factor that is often downplayed is the crashworthiness of the car. This refers to the car manufacturer and if the car was made to withstand an accident or not. A car that cannot endure impact from an accident can be the cause of injury to the passengers in the car.
There are many factors weighing in on a car accidents. Such outside determinants as weather conditions, intention or fault of the accident, and possible impairment or intoxication of the drivers have a big impact on the cause and case surrounding the accident. However, one aspect that may not be considered is the overall "crashworthiness", or the reaction to impact, of the car. In cases where the car may not be crashworthy, the fault of the car manufacturers is another component of any litigation. Car manufacturers that make a car that is not crashworthy should expect to be held accountable in cases where the vehicle did was not capable of keeping the passengers protected.
The doctrine of crashworthiness essentially states that a vehicle's manufacturer is liable for enhanced injuries sustained in an automobile accident. Injuries of this sort occur during the second collision, which is defined as when the vehicle's passenger is injured. In these cases, the "first collision" is referred to as the actual car crash. Crashworthiness requires a manufacturer to assume liability for any negligence or defect in the design of a car. In short, it is a manufacturer's duty to sell cars that are designed to provide protection during a car crash.
What Does Crashworthiness Litigation Entail?
If you choose to hire an attorney to aid in the legal process of your crashworthiness case, anticipate an extensive process. First and foremost, your lawyer will need to carefully consider your case to decide if it is a worthwhile case. If your attorney concludes that the cost of damages in your crashworthiness case will be higher than the cost of the legal actions, he or she will begin the lengthy legal process.
Litigating an automobile crashworthiness case will involve an extensive investigation. This crashworthiness investigation will involve a professional investigator who evaluates the accident scene, vehicles involved in the crash, reports by medical examiners and/or police, and gathers information from other sources such as motor vehicle engineering analyses and vehicle compliance tests. Your attorney will rely on the reports of this expert investigator, along with testimony from other expert witnesses, in order to litigate your crashworthiness case. It is your attorney's job to cross the major hurdles in the discovery process that characterize crashworthiness litigation.
If your case is not settled right away and goes to trial, you can expect your lawyer to require extra expenses for effects such as an trial exhibits, preparation and presentation of these exhibits, and perhaps even mock trials. If you have been involved in a car accident and believe your case warrants an automobile crashworthiness litigation, contact an experienced defective products attorney immediately.
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