All lawyers who represent people in car wrecks see many cases where the at fault driver has minimum liability insurance limits, usually $25,000.00. The impulse for most lawyers in these situations is just to settle the case for the policy limits. This can be a huge mistake. Likewise, all of us who do civil litigation for Plaintiffs revue many cases of single car crashes. The impulse is to simply turn these cases down. Again, this can be a huge mistake.
In car wreck cases involving death or serious permanent injury it is critical for the lawyer evaluating the case to determine whether a defect in the car or truck might have caused or contributed to the accident. Motor vehicles are complex machines which contain multiple systems for steering, stability control and occupant protection. If any of these systems are defectively designed or manufactured this could give rise to a claim for a defective product.
STABILITY CONTROL – In the mid-1990s a German auto supplier developed a system for electronic stability control. Most people are familiar with the problem of cars overturning under certain conditions. A vehicle rollover is an extremely dangerous situation which can cause death, traumatic brain injury or permanent spinal cord injuries. Electronic stability control (ESC) is designed to lessen the likelihood that a rollover will occur. Almost all motor vehicles now have some form of ESC. If the ESC system is improperly designed, doesn’t work properly or is simply absent, this could form the basis for a lawsuit against the manufacturer.