Do You Need a Lawyer for a Faulty Car Accident? 

Here’s how an attorney can help you after a crash caused by a vehicle defect.

Everyone on Illinois roads has a responsibility to follow traffic laws and take due care to avoid causing an accident. Even when everyone lives up to this responsibility, however, accidents and serious injuries can occur. 

Drivers, bicyclists, and pedestrians aren’t the only ones with responsibilities. Automakers also have a duty to make and sell vehicles free of hidden defects and safe for their intended use. Manufacturers who make vehicle parts, automakers who assemble them into finished vehicles, and dealerships and repair shops that service vehicles must also do their work in ways that don’t pose an unnecessary risk to others. 

When any of these parties fail to meet their responsibilities, a hidden defect in a vehicle can cause serious harm. And those driving the vehicle may not even know about the problem until it is too late. 

If you’ve been injured by a faulty vehicle, don’t wait. Talk to the experienced Chicago car accident attorneys at Briskman, Briskman & Greenberg. 

How Common are Faulty Car Accidents? 

According to the US Department of Transportation, driver error is the number one cause of injury and death in car accidents. “Vehicle-related critical reasons” for crashes account for about 2 percent of all motor vehicle crashes – approximately the same percentage as environmental reasons like ice, snow, and road designs.

Of the vehicle-related crashes studied by the National Highway Traffic Safety Administration (NHTSA):

• 35 percent resulted from defects in tires or wheels,
• 22 percent resulted from brake defects,
• 3 percent resulted from issues with the steering, suspension, transmission, or engine, and
• 40 percent couldn’t be attributed to any single defect in the vehicle. 

Approximately 44,000 defect-related crashes occur in the United States each year, according to the NHTSA. 

Common Injuries When an Auto Defect Causes a Car Crash

Like other vehicle crashes, a car accident caused by a faulty vehicle part can cause serious injuries. Common injuries that occur in defective vehicle crashes include:

• Head, neck, and back injuries,
• Traumatic brain and spinal cord injuries,
• Broken bones, 
• Crush injuries or amputations, 
• Internal injuries, including internal bleeding and organ damage, and
• Burn injuries from exposure to fire, electrical current, or engine chemicals. 

Other injuries can also occur during a crash. Many crash survivors also experience more than one type of injury. 

Who is Responsible for a Crash When the Car is Defective? 

Determining who is at fault after a car crash can be challenging.  It’s even tougher when a vehicle defect means the at-fault party wasn’t even present on the scene when the crash happened. 

In most car accident cases, an injured person must prove that another person’s negligence caused their injuries. This process is straightforward in some cases and complex in others. When a faulty vehicle part causes injuries, the case becomes more complicated.

Personal injury law covers instances in which one person or entity injures another person. When a defective vehicle part is responsible, product liability law steps in. 

Product liability claims follow slightly different rules than personal injury claims. They require the injured person not only to show the defect that caused their injuries but to explore what kind of defect it is. Is it a problem with the manufacturing or materials used in the faulty part? Is it an issue with the design of the part? Or is it a breach of the manufacturer’s warranty that the car is safe for its intended use? Or do more than one of these categories apply? 

These cases can also become complicated if a defect contributed to the harm suffered but wasn’t the sole cause of the crash. When this happens, an injured person must determine what percentage of the fault belongs to each party. 

Handling all this while also struggling to recover from a serious injury is overwhelming. That’s why it’s best to work with an experienced attorney. Your lawyer can handle the legal questions while you focus on healing. 

How a Lawyer Can Help You After a Faulty Car Accident

If you’ve been injured and you suspect a defective car or part is to blame, talk to an experienced lawyer right away. During your conversation, a lawyer can answer your questions. The lawyer can also suggest initial steps you can take to protect your legal rights. 

When you hire an attorney to represent you, your lawyer can:

• Investigate your accident and preserve evidence to create a complete picture of what really happened, 
• Advise you on what to do to protect your legal rights at each stage of your case,
• Handle communications with insurance companies and other parties’ attorneys so you can focus on healing,
• Negotiate for a settlement on your behalf, and
• Prepare to go to trial if necessary to protect your rights and secure the compensation you need. 

The goal of a defective vehicle accident case is to secure damages to compensate you for the losses you suffered from the crash. Compensation in these cases typically covers both financial losses like medical bills and non-financial losses like pain and suffering. 

Financial losses after a defective car accident claim include expenses like:

• Medical bills, emergency room and transportation bills, surgeries, hospital stays, rehabilitation, medications, and medical devices, 
• Lost wages if your injuries prevent you from working, 
• Lost future wages, if your injuries prevent you from ever returning to the work you did before the crash,
• Repair or replacement costs for your vehicle and any other damaged property, and
• Any other out-of-pocket expenses you paid as a result of the crash or your injuries. 

Non-financial losses after a faulty car crash include losses like:

• Pain and suffering you endured in the crash and its aftermath, 
• Loss of enjoyment of life activities like hobbies, taking care of your home, and time spent with your family, if your injuries prevent you from doing these,
• Scarring and disfigurement caused by your injuries or the medical treatment required to address them, such as surgery scars, and
• Mental and emotional trauma caused by what you endured. 

Automakers employ attorneys who specialize in protecting the automaker, even when the company is clearly at fault. They will work to deny you the full compensation you’re entitled to under the law. An attorney on your side can balance the scales. Your lawyer can help you fight for compensation that covers all the losses you’ve suffered as a result of the crash. 

Steps to Take If You’ve Experienced a Chicago Car Accident

If you’ve been in a crash, take these steps as best you can. Talk to an attorney if you’re uncertain how best to complete any of these tasks. 

• Get medical attention. In an emergency, call 911. If you did not receive emergency care at the scene of the accident, see a doctor as soon as possible. A doctor can document your injuries and start you on a treatment plan. 
• Gather information, if possible. If you can, gather information at the scene. Get contact information for others involved in the crash as well as any witnesses. Take photos or draw diagrams to help you remember exactly what happened in the moments leading up to the crash. If you weren’t able to do this at the scene, speak to your police department for a copy of a police report or ask your attorney to do so. 
• Keep all your information in a safe place. Save all the paperwork related to your accident, including medical bills, appointment and health information from your doctors, receipts for medical needs, towing and vehicle expenses, and similar items. Keep all this information together in a safe place. Your attorney will find this information helpful when building your case. 
• Stick to the facts. Whenever you speak to police officers or insurance company representatives, stick to basic facts like your name and address, the date and place of the crash, and what you saw, heard, and felt as the accident occurred. Avoid assigning blame or fault. 
• Preserve your vehicle. After a serious crash, you may never want to see your vehicle again. Preserving it, however, helps ensure that any evidence of a vehicle defect is saved. Make sure you keep your vehicle until your case is resolved. Talk to an attorney if you need help figuring out how to secure your vehicle. 

If these steps feel overwhelming, start by talking to an experienced attorney. A lawyer can help you work through these tasks step by step. 

Speak to an Experienced Illinois Car Accident Lawyer Today to Learn More

It’s troubling to know that a car accident can still cause serious injuries, even when everyone involved took care to avoid a crash. It’s devastating to experience such injuries firsthand. 

If you’re facing this situation, you’re not alone. Talk to the experienced Chicago vehicle defect injury lawyers at Briskman, Briskman & Greenberg. We’ll answer your questions and help you understand your legal options so you can make an informed decision about your next steps. 

To learn more, contact us today to schedule a free, confidential consultation with one of our dedicated Chicago car accident lawyers.