Brad Pistotnik Law
Abogado El Toro

Types of Accident Liability Car Accident Survivors Can Pursue

Types of Accident Liability Car Accident Survivors Can Pursue

What types of accident liability can individuals pursue following a motor vehicle accident? What can additional parties be held responsible for after a car wreck in Kansas? While most people assume that it is only the driver that is responsible for a crash, the fact is that the actions of many other people may contribute to causing a car accident in Kansas. These include the vehicle manufacturer, mechanics, and others whose actions result in property damage, personal injuries, or wrongful deaths.

Design Defects & Manufacturing Flaws

Design defects include those defects that occur within a manufacturer's vehicle as part of the intended design. For instance, the positioning of seatbelts, the construction of the braking system, or the operation of the transmission. Often, when these occur, individuals pursue them as part of a class-action lawsuit because these types of defects affect numerous people. An example of this would be the lawsuits filed against Takata over defective airbags. Defective airbags are an ongoing problem, and most recently, BMW recalled 350,000 cars in January 2020 because of the same faulty airbags.

Manufacturing flaws are slightly different. They involve defects that occur during the manufacturing process that was not intended as part of the original design. For example, a miscalibrated machine cuts a component to the wrong size, which later fails and causes the driver to lose control over the vehicle. One possible example includes the current recall covering 700,000 Toyota and Lexus vehicles whose fuel pumps can stop functioning, which results in sudden engine failure. In both cases, individuals can pursue a product liability claim against the manufacturer.

Marketing Defects

Manufacturers and distributors can also be held liable for marketing defects. These occur when the manufacturer or distributor deliberately conceals known flaws in the product. Marketing defects also include the issuance of warnings and instructions that are intentionally vague or misleading. Marketing defects can also include providing deceptive or incorrect specifications. These can result in a driver attempting maneuvers the vehicle is unable to safely perform, such as rapid acceleration, braking the car without sufficient stopping distance, and turning a top-heavy vehicle inside a safe radius.

Government Liability

The doctrine of sovereign immunity does not protect government entities or their contractors from accident liability. When a poorly designed road or repairs are intentionally neglected or improperly conducted, individuals can file suit against the state, but there are limits on how much plaintiffs can pursue. Kansas statutes limit the liability for governmental entities to $500,000 per occurrence for compensatory damages or for the maximum amount covered by the entity's insurance policy.

Contact Brad Pistotnik Law at 1-800-241-BRAD or call us on our local line at 316-684-4400. We represent clients injured in Kansas, Nebraska, Missouri, or Texas. Day or night, holidays or weekends, we are available to give you the answers you need. You can call Brad Pistotnik on his cell at 316-706-5020. You can reach Tony Atterbury on his cell at 316-617-9237.