Category: Auto Accident Lawyer

You must have heard about the famous Toyota gas pedal issue that took place in 2009-2011, in which the company had to recall more than 4 million vehicles for fixing the problem. It resulted in many car accidents and fatalities because the gas pedal got stuck and the drivers lost control over their vehicles. The lawsuits that were filed against Toyota cost them over $1.1 billion in settlements.

Another similar car-related product liability issue occurred with Takata airbags. The problem with their products was that their airbags were deploying explosively, severely injuring, and in some cases, even killing the passengers. Over 30 million vehicles, made by 10 different manufacturers, were recalled.

Just like the Toyota and Takata cases, there many other cases where the accidents happened because of the faulty vehicle components and manufacturers were sued. However, it sometimes becomes difficult for the injured party to make out whether the personal injury happened due to their own negligence or faulty vehicle parts. In such a case, seeking legal help of an experienced personal injury attorney is the best way to get the compensation you rightfully deserve.

Types of Vehicle Defects

When filing a personal injury lawsuit, it is important to know about the type of defect that caused the accident. Moreover, the origin of the fault will also influence who should be held responsible for your pain and suffering. Broadly speaking, the vehicle defects can be categorized as:

• Manufacturing defect: A defect in the vehicle parts which occurred during their manufacturing or when the vehicle was assembled.
• Design defect: This defect refers to the inaccuracy in the design plan of the vehicle’s part. Since there were flaws in the actual design, the part will be dangerous even when it is used as it was supposed to be used. Moreover, all vehicles equipped with that part will have the same issue.
• Warning defect: It is also known as a marketing defect. It occurs when the defect is not apparent to the user, and the manufacturer didn’t take measures to warn potential users of its dangers.

Liability for Vehicle Defects

If the safety features or any other component of the car fails to perform as it should, or there is a design flaw that caused the accident, you can file a lawsuit against manufacturers and hold them responsible for paying damages. You can pursue a personal injury or wrong death claim, if you have lost a loved one, for all damages sustained, which would’ve not happened in the first place if the vehicle part had no defects.

However, there is also a chance that the manufacturer is not at fault. Depending on how and why the malfunction occurred, the dealership from where you bought the vehicle can be held liable. Moreover, in certain cases, mechanics involved in repairing the vehicle or manufacturers of specific parts can also be at fault.

It can be a challenging task to determine liability in the event of a vehicle accident due to a faulty vehicle part. That is why is important to hire an experienced personal injury attorney to help you evaluate your case and get fair compensation. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our firm.

Anyone who has spent time in Lake County understands that wind is just another part of everyday life. It is something that cannot be avoided, but also should not be underestimated. Many drivers tend to do just that as it is sometimes very difficult to determine just how dangerous wind conditions are while sitting behind the wheel of their cars. It is at this point that the wind can be at its deadliest, as drivers across the country have discovered only after it is too late. Another mistake that drivers make with regard to such accidents happens after the crash, when they are trying to put the pieces of their lives back together. What drivers may not realize is that just because wind contributed to an accident in which they were injured does not mean they have no recourse when it comes to recovery.

Contributing causes

Whenever heavy wind gusts are likely on highways, drivers should use extreme caution, especially if the road takes them over bridges or points that do not have tree cover along the sides of the highway. These areas can create tunnels of moving air so fast that cars shake and trucks topple. The higher a car or truck is, and the narrower the wheelbase, the higher the chance is that an accident may occur. Further, drivers should be clear minded and alert, as well as making sure they keep a firm grasp on the wheel. Other techniques that drivers can use to be safer while driving in high winds include (as much as possible) trying to anticipate wind gusts as well as being extra careful when passing or being passed by a large vehicle. Failure to use caution can be considered a contributing factor in the event an accident occurs.

Contributing factors may translate into a finding of contributing negligence in a courtroom when a court or jury is deciding who was at fault for damages after an accident. Failure to use caution under the conditions at the time of the accident (such as wind) could lead to a seemingly unstoppable chain reaction that causes thousands of dollars in damage to person and property. For example, if a semi-truck driver allows his trailer to sway into another lane where a driver who is not paying attention is struck, it could lead to a pileup of vehicles that causes both vehicles to bring traffic to a standstill.

In Illinois, if an injured person brings a lawsuit to recover damages after an accident, any award that he or she is given may be reduced by the percentage of fault they share with the other drivers involved in the accident. This concept is known as contributory negligence and, in many cases, can be avoided by learning principles of careful driving and putting them into practice in everyday life.

Need Help?

Everyone knows that accidents and car crashes are not completely avoidable, or it is very likely that they would not occur so frequently. However, if you are involved in a car accident during dangerous weather conditions, you may not be without recourse. Call the Law Offices of Robert T. Edens, P.C today and speak to an experienced attorney about your case. We can guide you through Illinois law and handle all aspects of your case to help you obtain maximum recovery for your injuries.