Legal Remedies For Car Accident Victims
Since car accidents often involve negligent people, victims can recover damages by filing a lawsuit against the reckless or at-fault drivers.
According to lawyers, victims should be provided with legal remedies to recover these:
* Hospital expenses these include doctors fees, therapy and rehabilitation, medical examination, hospital stay, medications, and future health needs.
* Loss of wages because victims, especially those who sustained serious injuries, are not able to go to work, they should be compensated for the loss of wages.
* Compensation for partial or complete disability because disability will diminish the earning capacity of a victim, the negligent driver should provide compensation for this.
* Pain and suffering just like any traumatic event, car accidents may cause emotional distress and mental anguish.
* Property damages the reckless motorist should pay for the victims car repairs.
* Punitive damages this penalty is given not just to provide compensation to victims, but more importantly, to deter reckless drivers from committing the same act. Punitive damages, which are usually given when the act is proven to be malicious and extremely negligent, are more than the real amount of the injuries sustained by victims.
Meanwhile, reckless drivers are not the only cause of accidents in the road. Several incidents have also been attributed to defective auto parts that resulted to injuries or even death among drivers and passengers.
According to legal experts, victims can also file a lawsuit against automakers, dealers, and suppliers to recover damages if the accident is caused by a defective car or auto part. Usually, the injured party can file product liability claims to these companies who are legally bound to provide safety to consumers.
Here are some of the most common grounds for a lawsuit which involves a defective product:
* Defective seatbelts
One of the most controversial defective seatbelts is Chryslers Gen3 which may accidentally unlatch during high-impact collision. According to reports, this safety harness has killed and injured dozens of people in the US.
* Weak roofs
Because SUVs have been proven to be four times more likely to rollover than low-roofed cars, safety regulators require carmakers to strengthen the roof of these vehicles to prevent serious and fatal accidents. However, some companies were accused of not meeting the safety standard in making roofs.
* Tire tread separation
A defective tire is dangerous especially when a car is traveling at a high speed. According to safety experts, tire tread separation may cause rollovers and high-impact collisionstwo types of car accidents which have been proven to be the most fatal.
* Weak seat back
There are some reported cases of seat backs which collapsed after a high-impact collision. In this kind of defective auto part, victims usually sustain spinal cord injuries which may cause paralysis and disability.
* Defective safety seats for children (also known as child restraints)
Recently, safety regulators announced a massive recall on two child restraints, Como and Signo by Recaro and SitnStroll by Triple Play Products.
According to US Consumer Product Safety Commission (CPSC), parents should check their childrens restraints for cracks in the plastic, harness adjuster, and buckles.