Vehicle Design and Maintenance

Car manufacturers have an obligation to make sure that any car that they make is safely designed. Ensuring vehicle safety is a rigorous but necessary process, since an unsafe design can lead to accidents. Similarly, once a person purchases a car, they have a duty to maintain the car to make sure that it is in safe operating condition. If you suffered injuries due to a car accident that was caused by an unsafe vehicle design or inadequate maintenance, you may be entitled to compensation from the responsible party. Proving liability based on the design or maintenance of a car is a complex and intricate process, and you should retain an attorney who is well-versed in handling car accident cases to assist you in your pursuit of damages. At Peter Thompson and Associates, our New Hampshire car accident lawyers have more than 60 years of combined experience representing New Hampshire victims seeking compensation for injuries caused by car accidents.

Under New Hampshire law, a claim against a manufacturer of a vehicle for injuries or property damage caused by an unsafe car design is known as a product liability claim. Product liability cases arising out of an unsafe car design can set forth several theories of liability, including strict liability, breach of warranty, and negligence. In New Hampshire, a victim alleging strict liability based on a defective car design must show that the car was unreasonably dangerous due to an unsafe design, the car was not modified from its original design, and the defect in the design caused, at least in part, the victim’s injuries. You will most likely need to retain an expert to analyze the car’s design and offer an opinion as to why it was unsafe. Car accident cases alleging unsafe car designs are far more complex than standard car accident cases. An experienced car accident attorney can gather the evidence needed to develop a strong case in favor of your recovery.

Even if a car is safely designed, it can become unsafe if its owner fails to perform routine maintenance. Failing to properly maintain a car can result in conditions like bald tires, faulty brakes, and broken headlights, which frequently lead to accidents. To recover damages due to improper maintenance, you must show that whoever was responsible for the maintenance of the car involved in the accident failed to make certain that the car was in a safe condition. This may be the owner of the car or a mechanic who performed maintenance or repairs on the car. Cases alleging that improper vehicle maintenance caused an accident generally set forth negligence claims. Prevailing in a negligence claim in any car accident case requires the injured party to show that the person allegedly responsible for the accident owed the injured party a duty of care, the duty was breached, and the breach of that duty caused the accident to occur and caused the injured party to sustain harm.

Damages that you may be able to recover in a car accident case include the cost of any past and future medical bills for treatment of injuries sustained in the accident, including the cost of prescription medications. In some cases, you may be able to recover compensation for lost wages or loss of future earnings caused by the accident. In addition to recouping financial losses caused by your injuries, you may also be entitled to damages for any pain and suffering that you experienced due to your injuries. If your car was damaged, you may be able to recover the cost to repair or replace your car as well.

Car manufacturers and owners have a responsibility to ensure that cars are in a safe operating condition. If you were injured in a car accident caused by an unsafe car, you should meet with a knowledgeable car accident lawyer to discuss whether you may be able to hold a person or entity liable for damages. The attorneys at Peter Thompson and Associates are skilled in navigating complicated car accident cases and can work diligently to assist you in your pursuit of compensation. Our aggressive advocacy has enabled us to maintain a consistent record of favorable verdicts. We have offices in Bedford, Nashua, Portsmouth, and Manchester, and we represent clients throughout New Hampshire. Contact us at 800.804.2004 or via our online form to set up a free consultation.