While human error may top the charts as the main causes for vehicle accidents, defective parts play a large role as well. Defective parts found on a vehicle usually provide the injured party with a chance to seek compensation by suing the relevant liable party. When defective parts play a role in causing an individual’s injury the legal option would be to sue the company, manufacturer or another responsible party. In instances where the city is accountable for the damage the victim may have the ability to initiate a lawsuit against the municipality. This article will discuss the available legal options when an individual is injured in a city bus with faulty brakes.
It must be noted that most often than not faulty brakes are either the problem of the manufacturing company that developed the product, that is the brakes, or that builds the vehicle. However, in other instances the problem of faulty brakes is as a result of failure to maintain and/or repair them. When faulty brakes are the responsibility of the manufacturer, the manufacturer may face a lawsuit for defective materials or parts. However, if the problem lies with the city for failure to repair or properly maintain the bus this could remove most or all liability from the manufacturing plant. Some lawsuits may hold both parties accountable for these issues. However, it is important to know as much information as possible in order to hold the correct company, organization or person responsible for the damage caused.
Generally, issues relating to brakes on any larger vehicle will show as soon as they happen. However, accidents may happen where the faulty brakes were known to be the cause. When this is the case the matter is closely linked to negligence and could require that the responsible person pay significant damages to the person or group that suffered harm or injury. It is common for faulty brakes to cause an accident at any point during travel and where the vehicle needs to stop and is unable to do so. In such situations several cars and other vehicles may sustain damage and cause physical harm or even death to drivers, vehicle occupants and/or pedestrians.
It must be noted that the city government is accountable for the maintenance and repairs of buses that run through the municipality. As a result of this responsibility, the government may become and remain liable for damages owed to a person or groups of people that are injured when brakes fail on a city bus. Medical expenses, pain and suffering, loss of income and other economic and non-economic damages may increase if the strength of the claim significantly by way of evidence and proof that the brakes were only faulty because the city did not perform the necessary duties of upkeep and maintenance.
Failure to perform the important steps of repairs, replacement and carry out standard maintenance needed for buses and their parts could lead to negligence on the part of the city. The city owes a duty of care to passengers and this is a primary matter in avoiding accidents and liability. As a result of the lack of care given, the city may assume responsibility by paying out owed damages to injured parties from an accident by way of personal injury claims. The length and scale of possible compensation may increase if the bus causes a multiple car accident. As a result, the city’s negligence may extend to cover numerous victims from the collision.
The issue of negligence is it difficult to pursue as the burden of proof is on the plaintiff and it is required of the plaintiff to demonstrate that the city was aware of the issue of faulty brakes or was unwilling to ensure the safety of passengers on a city bus. If there are multiple parties responsible for the accident, the onus is on the plaintiff to hold each person or entity accountable by way of evidence and witness statements. Some cases may require the services of an expert witness to help discover the connection between evidence and negligence or to help prove liability. With the burden of proof sitting squarely on the plaintiff in personal injury cases regarding negligence, it is necessary to find the best attorneys in Anchorage Alaska specializing in personal injury matters.
It is not uncommon in some cases regarding negligence or defect claims to have a clear lack of evidence when attempting to pursue matters against the city government. However, proof that may be unavailable on paper may be available through witness statements. Mechanics, company employees or other passengers may see something or have heard statements that are relevant to the case. These are valuable witnesses as they provide the needed details to help increase the strength of the case against the city. However, where there is a lack of evidence this could lead to an unsuccessful case and a lawyer initially rejecting to take the claim.