Understanding an auto accident lawsuit: A beginner’s guide to all the varying types (part 2)

August 18th, 2017

In our last post, we briefly covered some aspects of vehicle-on-vehicle cases but lawsuits aren’t limited to them alone. There are other varieties which we will be outlining for you in today’s article. While this is by no means a comprehensive guide that you can solely rely on when filing an auto accident lawsuit, this guideline will give you essential information that you can iron out in detail with a legal specialist at US Rehab & Health Service.

Auto-Pedestrian Accident

This involves a collision between a vehicle and a pedestrian which results in bodily harm to the latter. There are three common situations of an auto-pedestrian accident. In the first, the incident occurs at a location where there are traffic signals and may or may not have pedestrian signals and crossings. The second involves an intersection where there are no traffic signals but there is a pedestrian signal or crossing. The last one is a location where there are no traffic signals or pedestrian signals and crossings. The defense will vary according to the situation.

Auto-Truck Accident

Similar to auto-auto accidents, an auto-truck accident involves a collision between a passenger vehicle and a commercial truck, but with its own special circumstances and considerations. For example, the truck will likely have a commercial driving license and will be perceived as being an experienced driver. However, commercial drivers are to follow certain mandates such as not drinking while on duty and performing maintenance checks (as well as keeping a log of all repairs), which can be referred to in the hearing.

Product Liability

In product liability cases, the plaintiff makes the argument that the vehicle had some defect that resulted in the accident. There are two types of defect cases, which have been outlined below:

1. Design Defect

In a design defect, the case would be for a design in the the automobile or one of its components that has caused an accident and can potentially cause more. An argument like this usually refers to the design as an inherent threat to the safety of the general public, and holds the company that issued the automobile with this defect as the responsible party.

2. Manufacturing Defect

A manufacturing defect on the other hand refers to a defect found in the make of a batch or individual models of the automobile that was involved in the accident. This can mean that a component was missing or the vehicle had been improperly assembled during the manufacturing process. In such a case, the defendant will be the car manufacturer/assembling company.