Auto Accidents

Distracted driving doesn’t just mean playing on your phone or texting while behind the wheel, although this type of behavior is especially common with many drivers these days.

Distracted driving really is more about anything that takes your attention from operating your vehicle in a safe manner: it could be eating, drinking, grooming, looking at your console or lap, or turning around to talk to a passenger in the backseat. It could mean looking at a map or a GPS.

Dangers of Distracted Driving

There’s no end to the possible distractions while driving, which is why lawmakers in every state have some version of distracted driving laws and penalties. Sometimes these infractions may not be the easiest for law enforcement to observe or enforce, but visible actions like texting or talking on your phone can attract attention. Plus, being distracted can also lead to other noticeable unsafe actions like swerving, overcorrecting, or driving off the road.

Penalties for Distracted Driving in Arizona

In Arizona, penalties can start at $75-$149 for the first violation and up to $250 apiece for future violations.

To encourage safety on our roads, whether by educating or fining, there are efforts to help people learn how to avoid distracted driving, including a variety of distracted driving safety tips.

How to Not Be Distracted While Driving

The most optimal of these distracted driving solutions is simply putting your phone away and not pulling it out until you arrive at your destination (or at least a safe spot when the car is fully stopped.) Or having your passenger do the talking for you.

Auto supply shops carry a variety of hands-free devices for your phone, from something that is mounted on the console or broadcasts through your entertainment console. You can put your call on speaker as well and have a conversation.

Another part of figuring out how can you best limit cell phone distractions while driving can include powering down your phone or at least silencing it. This will keep you from being tempted by the sound of incoming calls or texts.

As distracted driving tips go, hands-free is good but isn’t always the most ideal solution: even if you’re not holding the phone, you could still be concentrating on having a conversation which potentially can take attention from the road.

Other methods how can you prevent distracted driving include:

• Pulling over and parking if you need to eat rather than trying to hold your sandwich and the wheel.
• Keep any pets in the backseat or don’t bring them along. It’s easy to give them attention in the front seat.
• Plan out your route to cut down on looking at your surroundings, not the road (or looking at your GPS)
• Before starting the car, arrange everything to your liking rather than while driving (headset, mirrors, AC, music)
• Arrange your schedule to take care of any grooming before you leave, or at least when you arrive (make-up, shaving, etc.)

Injured by a Distracted Driver?

Have you been involved in an auto accident in Phoenix because the other driver was driving while distracted? You need an experienced auto accident injury attorney that will fight for you!

Contact the legal team at Brad Johnson Injury Law for a FREE CONSULTATION.

Car Insurance Comparison, a company that compares car insurance rates online, recently conducted a study examining which states have the worst drivers.

Unfortunately, the study found Arizona to be within the top 10 states with the worst drivers, coming in 8th, to be exact.

About the Study

According to the Car Insurance Comparison website:

“The states with the worst drivers have high rates of fatal car accidents involving speeding, drunk driving, careless driving, and breaking traffic laws …”

Essentially, the study examined five major driving areas:

• Car accident death rate
• Failure to obey traffic laws
• Careless driving
• Drunk driving
• Speeding

Each state was ranked in these five areas. The scores were then combined to reveal the top 10 worst states for drivers.

Arizona’s Stats

Arizona was ranked as the 8th worst state for drivers. The study revealed that one of the worst categories is “careless driving.”

The death rate is also high for Arizona traffic accidents. For every 100 million miles driven during the period of the study, approximately 1.4 deaths are recorded. Per capita, the death rate for pedestrians is 2.91.

Worst Drivers by State

What states have the worst drivers? Below is the final top 10 list from the Car Insurance Comparison study:

1 (Tied) – New Mexico

1 (Tied) – Texas

3 (Tied) – Montana

3 (Tied) – South Carolina

5 – Louisiana

6 (Tied) – Alabama

6 (Tied) – Hawaii

8 – Arizona

9 – Oregon

10 – Nevada

What Makes a Bad Driver?

Poor driving habits are generally to blame for bad driving. Someone who speeds all the time or who doesn’t know when to stop at the correct signals or who acts in other careless ways is not a good driver.

Of course, if someone is under the influence of drugs or alcohol, they are naturally going to be a poor and dangerous driver as well. The same goes for someone who is otherwise distracted because they are texting, talking on the phone, or eating while driving.

Driving Safety Tips

When you are soaring down a highway, you are going 70+ miles an hour in a metal box among other cars going just as fast and only inches away. Keep this in mind the next time you’re tempted to be careless on the road.

Being on the road in a motor vehicle is a privilege. Follow these safety tips to ensure you’re safe no matter where you are:

• Always focus on your driving. Don’t get distracted by other tasks.
• Don’t make calls or text while driving.
• Avoid driving at night when you can.
• When in a construction zone or inclement weather, slow down.
• Be a defensive driver. Think safety first with the vehicles around you at all times.

Were You Injured in an Arizona Auto Accident?

Being in a serious car accident in Arizona can be devastating. If you were injured, you’ll be subject to a seemingly unending stream of medical bills and appointments, physical challenges, and time missed from work — not to mention immense pain and suffering. This can all lead to complications and challenges that may not go away for years.

An Arizona accident lawyer can help.

Allow our experienced lawyers to help you get the compensation you deserve for your injuries. Someone else’s negligence and carelessness shouldn’t cause you never-ending pain and hardship. Contact us today to learn about your legal options.

Not every personal injury sustained in a car crash is immediately visible. Some problems, including traumatic brain injuries (TBIs), do not become visible for several hours or even days. One of the most common types of TBIs is a concussion. Whether mild or severe, a concussion can require medical attention and therapy, and can contribute to suffering well beyond the moment of impact.

What is a Concussion?

A concussion occurs when your brain hits your skull with ample force, causing your brain to move and jolt violently. For instance, a sudden blow to the head can cause a concussion, such as when a passenger’s head hits the front seat or the window to the side. However, the force of your car stopping suddenly and your head whipping forward and back can cause a concussion as well.

Depending on where a person suffered a concussion, he or she will have different symptoms and reactions. The person may also have lost consciousness for a period of time following the brain bruising. However, many people walk away from car accidents not realizing they have a concussion until their symptoms pop up later.

Common Signs of Concussion

First, medical responders and emergency room technicians who evaluate victims of motor vehicle accidents are trained to look not just for physical signs of injury, but to diagnosis TBIs including concussion. Some concussion symptoms that a car crash driver or passenger might have are as follows:

• Memory loss: Many people who have experienced a concussion cannot remember certain things. Even if they remember the car accident, they might not remember much that happened before or after. They may even forget large chunks of their past. Memory loss is a devastating, terrifying symptom because occasionally memories do not return. Some individuals discover they have trouble retaining new memories, which can affect school and job performance.
• Headaches: It makes sense that a sign of concussion is headache. Headaches related to a concussion run the gamut. Some people experience mild headaches for a few days post-accident. Others may complain of consistent migraines for weeks, months, or for the rest of their lives.
• Light sensitivity: Some victims who have been diagnosed with a concussion can no longer enjoy being in rooms with bright light, or enjoy a day outside in the sunlight. If they happen to be employed in a well-lit workplace, being sensitive to light could end up costing them their jobs.
• Mood changes: As with all head injuries, personality changes post-concussion can occur. Again, this can be a devastating symptom of a concussion for both the victim and his or her loved ones. Going from being positive and upbeat to having a negative outlook or suffering from depressive episodes can radically change someone’s life. It can even lead to the loss of personal relationships or career opportunities.
• Sleeping problems: It can be tough for those who have a concussion to get to sleep and stay asleep, or try to wake up. Insomnia and oversleeping are frequently reported among car accident concussion victims, and both sleeping issues can lead to further personal and professional difficulties.

Of course, just as every person is unique, every car accident victim’s concussion will present itself in different ways.

How Concussions Are Diagnosed

In order to confidently diagnose a concussion, medical professionals must put car crash victims through a variety of tests. Some of the tests can become quite costly, such as CT scans. Still, they are needed to document evidence of a concussion.

People who have been injured in a car accident and who require testing for a concussion may incur tremendous expenses. Even those with health insurance may have to pay thousands of dollars out of pocket just to learn they have a concussion.

After diagnosing a concussion, the medical professional will help the patient develop a treatment plan. Usually, plans involve avoiding situations that may cause further brain damage, such as playing certain sports. This can be yet another blow to the victim, especially if he or she is cautioned not to engage in a beloved or perhaps lucrative activity.

Some concussion symptoms do go away on their own, but there is no set time frame for this to happen. In other cases, a person might feel the after-effects of a concussion for years or decades post-crash.

Why Insurance Carriers May Balk at Covering Concussion-Related Injuries and Damages

After a car accident, the drivers and passengers will have to submit their information to the insurance provider of the at-fault party. In an ideal world, the information would be used to construct a fair settlement to ensure that the victims are compensated for their damages. However, in many cases, insurance providers will refuse to cover more than a few medical bills for concussion treatment.

Why does this occur? Basically, insurance companies are in the business of paying as little as they can. Adjusters do not want to give away too much money, so they lowball or make very modest settlement offers. In many situations, victims accept the offers without realizing that they could fight for higher compensation. That’s why hiring an accident attorney as soon as possible after a highway collision is so essential. Lawyers who are accustomed to helping car accident concussion victims are in a better position to work with insurance providers to obtain higher settlement offers.

Although no law firm can guarantee more money from insurance carriers representing at-fault drivers, having the representation of a personal injury attorney can take the stress off of victims.

How to Prove a Post-Car Accident Concussion

Victims will always be asked to provide evidence that they have suffered a concussion after a car accident. Therefore, anyone who has been in a car crash and suffered a TBI should follow some simple rules.

First, all documents related to the car crash should be identified and retained. This includes healthcare reports, evaluations, and invoices. The more third-party, objective information, the better. All of it might not be useful in a court case, but having more is always better than having less.

Next, have the victim or victim’s family keep a personal journal of concussion symptoms. For instance, the father of a teenager who was diagnosed with a post-crash concussion should keep a log of all the times his daughter had to miss school, complained of severe headaches, suffered memory loss, etc. The school may provide evidence in the form of bad report cards, confirmation of negative attitude, or a lack of participation.

Having these items written down and stored in a binder can help you back up claims if your personal injury case does not settle and winds up in litigation.

Work With Car Accident Attorneys in Arizona to Recover Concussion-Related Damages

If you were in a car collision in Arizona and have been diagnosed with a concussion, do not delay in getting medical attention or legal help. Contact the law firm of Brad Johnson Injury Law at 602-396-4635 to talk to a personal injury lawyer about your case. All initial consultations are free and confidential. Why risk having to pay for medical expenses, rehab expenses, trauma, and pain and suffering? You deserve to receive a fair settlement for your experiences.

When you are in an auto accident, even if you do everything right, you could still end up hitting another vehicle if your brakes fail. It’s estimated that brake failure causes 5% of the 5.6 million car crashes each year in the United States.

In this type of situation, there are a number of legal issues that come into play. Here is what you should know if defective brakes were the cause of, or contributing factor, to your automobile accident.

Manufacturer Liability

If brake failure was a cause for the accident, the first place to look to is the car manufacturer, to determine if there was negligence before the car hit the market. There are a number of ways that a manufacturer could be held liable for faulty brake systems.

For example, if the brake system was poorly designed, there could be defective brakes in the entire line of cars on the market. Alternatively, your particular vehicle may have been poorly manufactured, leading to an improper brake system in your car.

Often, manufacturers discover these defects and issue a voluntary recall of vehicles, in order to repair or replace faulty systems. In order to check if your vehicle or equipment is subject to a recall, visit the National Highway Traffic Safety Administration’s recall website.

However, if a manufacturer fails to correct defects, they can be held liable for any car accident injuries incurred due to brake failure. Similarly, the auto repair shop that services your car may also be found liable if a mistake they made led to the brake failure.

In order to make a case against either the manufacturer or the auto repair shop, you will need to show that:

• Action or inaction on their part caused the unreasonably dangerous condition of the brake systems
• The condition of the brakes caused the accident
• The vehicle had not substantially changed from when the manufacturer or auto repair shop last had the vehicle.

Although it may sound like an uphill battle, an experienced personal injury attorney will work with you each step of the way, to ensure that you are fairly compensated for your troubles.

Driver Liability

Brake failure may also be indicative of negligence on behalf of the driver whose car malfunctioned. As drivers, we are responsible for ensuring that we adhere to certain levels of safety in our vehicles. If someone is driving a car they know has faulty brake pads, the other driver could be found negligent for creating an unsafe condition. Similarly, failure to take your car for required maintenance could indicate the driver’s liability.

Arizona is a Comparative Negligence State

In Arizona, juries take the comparative negligence of each party into account when giving awards. This means that they will determine the relative fault of each individual in a car accident, and subtract the percentage of fault from the verdict award.

For example, if Mary and John are in a car accident and the jury determines that Mary was 30% at fault in the accident, her verdict would be reduced by 30%.

This is important to consider in cases where brakes fail because often one driver is not completely at fault. In another example, Nancy runs a red light because she is texting. Karen, who had a green light, collides with Nancy due to brake failure. Even if Karen knew that her brakes needed maintenance, her contributions to the car accident pale in comparison to Nancy’s.

Because of Arizona’s comparative negligence laws, there is no “smoking gun” that will solve a case. Instead, it is highly beneficial to work with an experienced attorney, who can sift out all relevant facts in order to make your claim as strong as possible.

Common Injuries in Brake Failure Cases

Typically, brake failure injury victims have similar injuries to passengers in speeding accidents. This is because, without proper brakes, the driver cannot mitigate the accident with lower speeds.

As a result, common injuries include:

• Broken bones
• Injuries to the head, neck, and back, including whiplash, concussions, or other traumatic brain injuries
• Facial injuries caused by airbag deployment

If you were in a car crash due to brake failure, it’s advisable to seek medical attention as soon as possible. Because automobile accidents are traumatic events, our bodies are flooded with adrenaline. As a result, accident victims may not notice common car accident injury symptoms until several hours after the accident. Even minor symptoms, such as a headache, could be a sign of a severe traumatic brain injury.

Compensation for Brake Failure Accidents

Regardless of whether you pursue the manufacturer, auto mechanic, or the other driver, you can seek damages to compensate you for the accident. Typically, accident victims begin by filing a claim with the other party’s insurance company for the amount they are seeking. If the insurance company refuses to pay, or if the insurance limits are too low, you may decide to file a lawsuit to reclaim the remainder of your expenses.

Arizona allows accident victims to seek two types of damages: special damages and general damages.

Special Damages

This type of damage is also known as “economic damages.” Special damages include any expense incurred as a result of the accident. Typical items recovered here include:

• Medical bills, such as emergency room fees, specialist visits, and medications to manage pain
• Repair and replacement of personal property, including your vehicle that was damaged during the accident. You can also seek compensation if your cell phone was damaged during the accident, and for any clothing that was destroyed.
• Rental car fees incurred if you need a vehicle while your car is in the shop, or while you purchase a new car
• Lost wages due to time spent recovering from the accident. This may include time spent completely away from the office, or the time spent leaving work for physical therapy or other appointments while you are healing. This category can also include loss of future wages, if you had to leave a job indefinitely while recovering, or missed earning commission or other compensation as a result of the accident.
• Child care expenses taken on if you need additional assistance with your children while recovering from the accident.

While you are recovering, it is important to keep track of every bill and receipt documenting where you spent or lost money as a result of the accident. This is the best way to ensure that you receive full compensation for your injuries. You can store receipts digitally, or you can keep a physical folder with all of the documents. Any receipt, no matter how small, should be included because the bills will add up quickly.

General Damages

This type of compensation is also known as “non-economic damages.” General damages are designed to compensate you for things that were damaged but aren’t repaired with money. These can include:

• Pain and suffering – if you physically hurt after the accident, or if your aches keep you up at night, you can receive compensation that is meant to offset this pain. While it won’t make the pain go away, it can help make you whole again.

• Loss of enjoyment – if, after the accident, you are unable to enjoy your normal hobbies or activities, you can seek compensation. For example, if you are an avid runner but now can barely hobble for a mile before your knee starts aching due to injury, you may be able to recover under this category as well.

• Psychological trauma – car accidents are particularly stressful events and can cause PTSD, insomnia, or anxiety. If you suffer from one of these conditions as a result of the accident, this can also be included in the calculation of your general damages.

General damages can be much more difficult to calculate than specific damages. As a result, we often base the general damage calculation on the number arrived at when calculating specific damages. This is why it is especially important to maximize your special damage award, by carefully tracking all your expenditures incurred as a result of the car accident.

This article is for informational purposes only. It does not provide legal advice, nor does it form an attorney-client relationship. If you were injured in a car accident due to brake failure, contact our experienced personal injury lawyers today to discuss your options for recovery.

Traumatic brain injuries (TBIs) are some of the most frequently seen injuries stemming from car accidents. Among TBI types, concussions happen more often than any other type of TBI, making concussions a major concern among crash victims. In fact, many personal injury claims related to car accidents involve concussion-related settlement amounts. After all, concussions can have serious, long-lasting effects.

Why Are Concussions Dangerous?

A concussion occurs when the brain is jolted, which is a common occurrence during a vehicle collision.

Imagine that a car is moving at 60 miles per hour. Suddenly, it hits another object. Whether that object is moving or at rest, everything in the first car continues moving forward at the same speed, not stopping until it hits something that is already stopped. If one of the objects in the first car is a person, that person’s brain will slam against their skull. As a result, the person may wind up with a concussion.

Concussions are some of the milder and less intense forms of TBIs. However, that does not mean concussions are not serious. Quite the contrary, concussions can be so severe that someone who sustains a concussion may lose their ability to work, lose connections with their loved ones, and can even lose their core personality in some cases.

The Centers for Disease Control and Prevention (CDC) estimates that around 2.5 million people in the United States visit emergency medical centers for TBIs each year. These emergency room treatments include concussion treatments. For individuals between the ages of 15 and 44 years old, motor vehicle accidents are the most likely cause of a TBI. However, children and adults outside of this age group are still at risk of a TBI if they experience a car accident.

Although concussions may be labeled as “mild,” they can cause long-lasting effects. Many accident victims who suffer from TBIs and concussions require expensive medical treatment, including physical therapy and psychotherapy. Depending on any other injuries sustained during the car accident, victims may also need surgery, pharmaceuticals, occupational therapy, and other interventions.

What a Concussion Looks Like

Ironically, not everyone who experiences a concussion after a car accident knows it right away. Concussions are considered a “hidden” issue because the skin does not have to be broken or damaged. A victim may look perfectly normal, and even feel normal for a few days post-crash. However, if he or she has a concussion, some common signs and symptoms are likely to become evident sooner rather than later.

Some of the most frequently reported indicators of a potential post-trauma concussion include:

• Dilated pupils that do not respond to light.
• Pupils that are not the same size in both eyes.
• Memory problems or lapses, including temporary amnesia.
• Dizzy feeling or feelings of vertigo.
• Nausea, vomiting, or change in appetite.
• Exhaustion despite getting enough sleep.
• Severe headache or head pressure.
• Difficulty speaking clearly or even sounding intoxicated.
• Inability to maintain a normal conversation.
• Changes in personality and behaviors.
• Sleeping too little or too much.
• Inability to concentrate, even at work.
• Inability to complete everyday tasks, such as tying shoes.
• Pervasive depression and negative attitude.
• Difficulty walking or running.

Although the onset of a concussion can be slow, some signs may be evident immediately after the car accident. Always seek medical attention immediately after a car crash, even if you do not feel like you sustained any injuries. The sooner a TBI is diagnosed, the sooner you can get the help you need, which may help reduce the effects of a concussion. Even if emergency medical responders do not come to the site of the crash, you should still visit a doctor. Even if you incur bills upfront, it is better to receive a diagnosis and treatment immediately than to allow a concussion to go untreated for days, weeks, or months.

How a Settlement Can Help After a Car Accident

After establishing that you have suffered a concussion as a result of a car collision, you will want to discuss an injury settlement with the at-fault driver’s insurance company. A settlement amount will help you recover general and special damages that you are owed.

Although you do not need representation from a personal injury attorney to discuss a settlement with the at-fault driver’s insurance company, you may wish to consult an injury lawyer in Arizona to ease the process. After all, you may wish to pursue a personal injury case against the driver, which is much easier if you have a knowledgeable law firm on your side.

The process of car accident settlements can be confusing. The last thing most car accident victims want to navigate is piles of legal paperwork. Typically, it is easier to work with a professional legal representative.

Understanding General Versus Special Damages

At the beginning of your case, your personal injury law firm will help you determine how to calculate a reasonable settlement request for special and general damages.

Special damages are usually easier to calculate than general damages because they are objective. Special damages include medical expenses, property damages, and lost wages. Future lost wages may also fall into this category.

General damages are more difficult to calculate because they are subjective in nature. For instance, pain and suffering is a type of general damage. Obviously, no one can put a price tag on your quality of life. However, a knowledgeable accident attorney can look at past settlements from cases similar to yours and figure out a justifiable figure.

Other Considerations in Concussion-Related Car Accident Settlements

Beyond damages and experiences already covered, concussion victims from car accidents need to remember that punitive damages may come to light during a personal injury case. However, punitive damages can be difficult to obtain. You and your attorney should discuss any punitive damages to decide if seeking them as part of your settlement makes sense.

What Can You Expect From a Concussion Car Accident Settlement

Every car accident is unique, and so is every victim’s experience. The way your concussion affects your daily life, and maybe even your future, is as individualized as your fingerprint. This means that your attorney will need to factor in many considerations when recommending how much of a settlement amount you should accept.

Be aware though that television often portrays car accident settlements as being million-dollar cases and most are not. Your goal should be to recover what you are owed. It is better to have realistic expectations from the beginning, which will help you throughout the process.

Talk with your personal injury lawyer about your settlement questions and concerns when you meet for your initial consultation. That way, you can begin with a more thorough understanding of how your attorney has helped clients in similar situations. The more you know, the better you will feel proceeding with your case.

Documentation to Help Your Car Accident Settlement Case

In order to give your car accident case the attention it deserves, your lawyer will need as much information as you can provide. You can move your case along faster if you provide your attorney with copies of all medical bills you have incurred as a result of the car accident. Don’t forget that your medical bills may also include bills for emergency medical responders’ transportation, over-the-counter pain medications, x-rays, blood work, injections, physical therapy visits, and psychotherapy appointments.

You should also collect copies of your most recent pay stubs, or request copies from your employer, to illustrate any lost wages. This type of documentation provides concrete evidence and makes it easier for you to prove that your concussion has required out-of-pocket expenses. Even if your health insurance carrier covers a portion or all of your concussion-related medical costs, retain any invoices, billing, or insurance claims to use as part of your case.

Your lawyer may request other documentation as you continue to work toward a resolution and settlement. Each piece of evidence should help indicate to the other side that your settlement request is based on real numbers.

How Concussion Car Accident Settlement Fees Work

Every law firm in Arizona sets its own personal injury case fees. This is something many potential clients do not realize. Therefore, it is up to you as a consumer to investigate which personal injury attorney is best suited for your needs.

At Peterson Johnson, we collect 25 percent of any collected settlement amount you receive from your concussion car accident settlement. For instance, if your collected settlement is $10,000, we receive $2,500 and you receive $7,500.

Our firm’s collected percentage is 8.3 percentage points less than the 33.3 percent typically charged by Phoenix-based law firms. We are happy to discuss this further with you when you visit to discuss your case.

Contact a Lawyer in Arizona About Your Concussion Car Accident Settlement

Were you in an accident that left you with a concussion? Was someone in your family in a car crash, only to later discover that they suffered from a TBI concussion? Even if you are not sure that you want to move forward with a personal injury case, you owe it to yourself and your family to seek advice. Contact Brad Johnson Injury Law in Arizona at 602-285-6100 in Phoenix or Glendale to arrange an appointment with one of our personal injury attorneys. You can also request a free initial consultation through our online contact form.

Car accidents caused by mechanical failure are not that uncommon. If you believe an accident occurred as a result of a faulty part or other type of mechanical failure, it’s important to seek out financial compensation for your losses. However, this is a complex matter and can be difficult to do. For that reason, it’s always best to work with a skilled attorney. At Brad Johnson Injury Law, we can help you obtain the compensation owed to you for such a failure.

Who Is Responsible for Your Loss?

Most often, motor vehicle accidents occur as the result of a driver’s mistake or poor road conditions. They may happen when someone is driving distracted or otherwise impaired. Yet, other times, the mechanics of the car or faulty components are contributing factors. In order for you to obtain compensation for this type of manufacturing defect, you will need to prove that the mechanical failure caused the accident.

It’s essential to understand this key fact. If you believe any component of the vehicle failed, you are likely to find a significant amount of opposition from the manufacturer or the part installer. The goal of the attorneys representing the manufacturer is to limit any product liability here. This means you will need an experienced professional to help you prove your case.

What Determines Who Is Responsible?

Numerous factors play a role in determining what caused the problem. A vehicle manufacturer is never going to be responsible for poor maintenance. For example, if the brake pads fail because they are worn out due to normal and expected wear and tear, the company may not be responsible if they cause an accident. That’s because all mechanical parts wear out at some point.

If vehicle maintenance is not the issue, though, there are additional questions that need to be considered. For example, if the brake lines failed due to the part being manufactured improperly. If so, this could be a product liability claim from the manufacturer. Perhaps the brakes lights were replaced by a technician, who failed to connect them properly. In this case, the responsible party may be the technician that did the work.

Common Types of Defective Car Part Claims

Many components of the vehicle can be defective. Most often, manufacturers have quality assurance programs in place to minimize these risks. Still, defective parts can make it through. Some common causes of mechanical failure that could be related to product liability include the following:

• Brakes – This is one of the most common concerns. If the brakes on a vehicle fail, you could be involved in a serious collision. Brakes require replacements over time, but in some cases, the ABS system or brake lines may fail due to poor manufacturing.
• Tires – Tire failures often occur as a result of wearing down the materials and a lack of replacement. However, most tires have warranties, which could indicate an early failure where product liability is concerned.
• Lights – Headlight or tail light failure can cause accidents to occur. Most often, these fails are due to normal use, but if a newly installed light fails, this could be due to negligence.
• Steering – The steering system is often well tested in vehicles before they hit the road, but a failure could be the result of a product failure.

What Type of Claim Can You File?

Several types of scenarios could play out here.

1. First, a claim of negligence could be filed. That is, the responsible party breaches a legal duty by failing to act in a certain way, in this case, in relation to the defective parts.
2. Product liability is a secondary option. Here, the manufacturer or the seller may be liable for the defective product—the product should never have been in the hands of the consumer.
3. A third option is strict liability in which absolute legal responsibility for injuries is placed on the defendant.

What Compensation Is Owed to You?

Determining the amount of compensation owed in a case like this is challenging because many factors must be considered. The first step is to prove negligence. From there, it is important to evaluate all losses from the auto accident. That could include:

• Damage to the vehicle – This includes any damage related to the vehicle itself and any possessions within it.
• Damage to the people involved – This includes medical bills, long-term therapy, and emergency room visits.
• Third-party losses – If another person’s vehicle was involved, or the auto accident caused injuries to other people in another car or a pedestrian, this should be considered as well.
• Pain and suffering – This is a type of claim for what you’ve lost beyond what you can prove. You may suffer long-term complications from the incident.
• Lost time at work – Due to illness, court cases, or other accident-related incidents, you may be unable to attend work.

Keep in mind that traffic accidents like this are very complex to prove. Most often, the responsible manufacturer will have a powerful law firm working on their behalf to avoid the consequences.

Hiring Our Accident Attorney Matters

When you turn to Brad Johnson Injury Law, your auto accident attorney, you will work with a team that has served clients for years in this area. We have experience in product liability and mechanical failure claims and can help you prove your case. Call us for a free initial legal consultation at 602-285-6100.