The traditional view of a Virginia car accident is usually limited to a collision between drivers, with one or the other at fault. While this understanding of traffic accidents covers many different types of crashes, some crashes are not the fault of either driver. For instance, some crashes are the result of design or manufacturing defects on the part of automobile companies, which resulted in an unsafe product. Injuries from these sorts of crashes may be best addressed through product liability actions against the manufacturer. Other crashes may occur because of the road itself, perhaps due to poor road maintenance or design. In these instances, the victims may have a claim against the municipality itself for failing to provide properly safe roads.
No matter what party is at fault for a crash, a Virginia personal injury attorney can help you pursue legal action against that party for damages your injuries have caused you. Your attorney has the legal expertise and skills to negotiate a settlement that will cover all of the losses you have suffered, whether through an accident claim or a lawsuit.
Products liability cases are cases against a car’s manufacturer or designer asserting that some flaw on their part caused the accident. These cases can be broken down into two major categories for car accidents: design defects and manufacturing defects.
A design defect would be a flaw somewhere in the safety of the vehicle. For instance, a car designed in such a way that the brake pads wore through too easily and subsequently failed could give rise to a design defect case. A manufacturing defect case is based around a well-designed car with a flaw in how it was assembled, such as a manufacturing error that resulted in the brake pads braking during the assembly process, leaving the car prone to accidents when driven.
Over the past several years, there have been millions of vehicles recalled because of defects that resulted in death and injuries to thousands of accident victims, including defective airbags, defective ignition switches, and defective fuel tanks.
Virginia municipalities are responsible for maintaining the streets and roads that are within their jurisdiction. If a municipality fails to properly maintain a road and that failure results in an accident, that municipality may be held legally liable in any personal injury claim the victim pursues. It is important to note that there are limits to both the obligation that a county, city, or town has to maintain, as well as the liability it may face for failing to do so.
It is also important to note that the process for filing a personal injury claim is different than filing a claim against other types of at-fault parties. Virginia has a specific statute that specifies what that process is, including notifying the municipality of the intent to file the claim within six months of the accident. If the victim fails to provide that notification, they cannot file any claim.
Because these cases can be more complex, it is recommended that victims retain the services of a Virginia personal injury attorney to represent them in order to ensure the case is not dismissed due to a legal technicality.
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If you or a loved one has suffered injuries as a result of another party’s negligent or reckless actions while behind the wheel, contact a Virginia car accident attorney from Shapiro, Washburn & Sharp. Our personal injury law firm has been fighting to get accident victims the compensation they deserve for more than three decades. Call our office today to schedule a free consultation and find out how we can help you.