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Elements Of A Mechanical Failure Accident (auto)

Trusted Content
Legally reviewed by:
Erik Abrahamson
March 9, 2018
March 9, 2018 | Car Accidents

Car accidents kill 37,000 Americans every year. It’s especially tragic when the accident is a result of a manufacturing error. The tragedy could mean that you have a claim against the car manufacturer because they have a responsibility to create a reasonably safe product. It’s important to know how to identify when a car accident happens as the result of a manufacturing error.

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If you or a loved one has suffered due to the result of the negligence of another or due to a product defect, contact the Tampa Injury Lawyers at Abrahamson and Uiterwyk for a free case evaluation today – call +1-800-538-4878, we are available 24/7.

What are the types of defects?

There are three types of manufacturer errors:

  • Design Defect
    A design defect occurs when something about the car is flawed from the time you got it. This was not a mistake but a poor design decision.
  • Manufacturing Defect
    A manufacturing defect is when a part of the car fails to work as usual unexpectedly. It could have worked normally at first. This is not how the product was designed- it was an error during manufacturing that goes against the design.
  • Warning Defect
    Car companies have a responsibility to inform consumers of any dangers that they discover. Withholding this information is dangerous, and it is considered a warning defect.

What are the most common automobile manufacturing errors?

The top five manufacturing errors in vehicles are:

  • Tires
    Blown and worn out tires account for 35% of accidents that result from the car failing. It’s important to check your tires regularly and change them as needed. Depending on the age of the tires, this could happen because the driver was negligent or because the tires were bad.
  • Brakes
    Brakes allow your car to stop. Without proper brakes, you will likely not be able to stop until the car stops on its own or crashes into something. Unfortunately, the results can be tragic. Change your brakes pads and get your brakes inspected regularly.
  • Suspension
    While difficult to prove, poor suspension can make it difficult to control your vehicle in the case of an emergency.
  • Lights
    You obviously need to be able to see on the road. If your lights go out, you will not be able to see other cars and other objects in the road that would cause an accident. Change your lights as soon as you notice that it’s out. This will also prevent you from getting a ticket.
  • Windshield Wipers
    Similar to your lights, your windshield wipers help you see clearly. Unfortunately, when they break, you could be left in a situation where you can’t see because of snow or rain. Keep extra windshield wiper fluid to keep them working their best and fix them as soon as you notice a problem.

Who’s responsible for a manufacturing error?

Fault is entirely based on your personal case. Did you recently get your brake pads changed and experienced brake failure? This could be the result of negligence on the part of the shop that changed your brake pads. Did your tire blow on a brand new car? That could be the fault of the manufacturer. If you’ve failed to perform the necessary maintenance on your vehicle, it could be your fault.

There are two types of fault: negligence and strict liability. Strict liability does not require proof of negligence like a negligence claim would, so it can be easier to claim for some situations.

When a manufacturer is found liable for a manufacturing defect, they are generally found liable without fault. Manufacturers go through a large amount of quality control before releasing a product. Unfortunately, not every single object will be perfect. The lack of fault allows the process to go more quickly, and it allows the court to demonstrate an understanding of the manufacturing process.

call now

If you or a loved one has suffered due to the result of the negligence of another or due to a product defect, contact the Tampa Injury Lawyers at Abrahamson and Uiterwyk for a free case evaluation today – call +1-800-538-4878, we are available 24/7.


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