Motor vehicle collisions in Kansas City and elsewhere in Missouri occur for a variety of reasons. Poor vehicle design and maintenance are some of the leading causes of car crashes in our state, because many vehicles that we purchase are inherently dangerous, defective, or improperly designed. On the other end of that spectrum, many motorists fail to properly maintain their vehicles.
Proving that your car accident was caused by poor vehicle design or maintenance can be tough, and usually requires the help of a Kansas City poor vehicle design or maintenance attorney paired with expert witness testimony from accident reconstruction experts.
Let’s not forget that in order to obtain compensation for your damages and losses sustained in a motor vehicle accident, you need to prove that the crash was caused by another party’s negligence or carelessness. Here at Mayer & Rosenberg, P.C., our skilled auto accident attorneys have assisted thousands of individuals and families throughout Missouri with establishing fault and helping them sue another party to recover damages.
Vehicle manufacturers are multi-billion-dollar corporations that are not eager to respond to product liability claims from consumers, let alone pay on these claims. In the United States, vehicle manufacturers and distributors must ensure that the vehicles manufactured and sold in the U.S. comply with Federal Motor Vehicle Safety Standards.
Under these standards imposed by federal law, vehicle manufacturers have a legal duty to ensure that their vehicles are designed in a safe manner. Failure to comply with these federal regulations may expose the vehicle manufacturer to a product liability case if a vehicle’s defect or unsafe design causes injury or harm to consumers or other parties.
However, let’s not forget that a product liability claim can be denied because every sale of a consumer good, including vehicles, comes with an implied warranty of merchantability. “This warranty implies that the product is safe only when used in a reasonably foreseeable manner,” says our experienced poor vehicle design or maintenance attorney in Kansas City.
Still, every vehicle manufacturer has a duty to exercise reasonable care in designing vehicles and their parts and components. Failure to exercise reasonable care may amount to negligence, and, as a result, entitle the injured party to pursue a personal injury or product liability claim against the manufacturer.
According to Missouri law, all vehicles driven on our roads and highways in Kansas City and all across the state must go through a mandatory yearly inspection every 12 months, and, if necessary, repair or replace broken, damaged, faulty, defective, or malfunctioning parts and components accordingly to ensure that the vehicle is in a good working order.
However, it has been proven time and time again that a yearly inspection is not enough to ensure that a vehicle and all of its parts and components are completely safe. For example, let’s say that a vehicle undergoes an inspection required by law on Jan. 1. In August, the vehicle is beginning to have problems with its braking system, but the owner of the vehicle will not notice the problem until after its next yearly inspection in January next year, meaning that the vehicle can cause a car accident any moment between August and January.
That’s why recovering damages after a car accident caused by poor vehicle maintenance can be so difficult. In fact, it makes matters even more complicated if a motorist conducted an inspection but failed to follow an auto mechanic’s maintenance instructions or recommendations.
Establishing fault when a car crash was caused by improper vehicle maintenance or poor vehicle design can be tricky, which is why it is advised that you speak to a skilled car accident lawyer in Kansas City or elsewhere in Missouri. Contact Mayer & Rosenberg, P.C., to schedule a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.