It is hard to imagine getting into your Colorado car and becoming the victim of a manufacturing defect. Yet so many happen all across the state and the consequences can be devastating. The victims of these types of incidents may never fully recover, but our Denver personal injury lawyers are here to help take care of the legal side of the process. This guide covers the topic of sudden unintended acceleration and why automakers are entirely liable for the defect.
What Is Sudden Unintended Acceleration?
This event happens less commonly than other kinds of vehicle defects. However, when it does happen it is incredibly dangerous and altogether a serious thing. There are lots of narratives around about how this can sometimes happen because of the driver, but when the manufacturer is to blame, SUA is almost always an electrical fault. When you think about how many modern vehicles rely on technology to function, there is a tangible threat here to the drivers on Colorado roads. Sudden unintended acceleration cases may be set to rise with the ever-growing technology inside vehicles, especially when the problem is typically caused by electrical failures.
Why Is It So Dangerous?
So, what makes this phenomenon so dangerous that it is worth dedicating a whole article about? Well, the fact is, if your car suddenly accelerates and you were not expecting it, the outcome can, and often will be, severe. You are ten times more likely to crash into someone, something, or both. You could even end up causing a multi-vehicle pileup or seriously injuring a pedestrian. Most infamously perhaps, the Audi 5000 recall in the 1980s is the best example to note. This batch of faulty cars suffered from this exact problem and killed five people in total, leaving hundreds upon hundreds injured in its wake.
How to Show Your Injury Was Caused by Sudden Unintended Acceleration
What kind of evidence do you need to link your injuries from the crash to sudden unintended acceleration? This is an important question to dive into because it is the thing that will help you win your case. Our office here in Colorado is ready to help and is just one on a long list of 32 total locations in 19 states like Florida, Georgia, and Washington. We know, therefore, that there are certain steps to take and even more specific hoops you must jump through to get the results that you want. Here’s what you have to take on board.
Follow Protocol
When a car malfunctions, there is a protocol to observe. This means you have to wait for a recall notice if one is coming and take your car to a garage to have the repairs fitted at no cost to yourself. However, if the recall is not coming or you are worried about vehicles in the news that are the same as yours suffering from this defect, you may not want to wait. The company may not ever issue a recall, so what then? Following protocol means filing a complaint, which is easy to do and should be directed to the NHTSA in this first instance. Come and see us in our Colorado office to help you get this started.
Making a Complaint
What kind of details do you need to put in your complaint? Well, to start with, you will have to submit reasons as to why you are determining sudden unintended acceleration to be a problem in the first place. Provide an account of what happened, i.e., the incident that led you to this moment. Submit any evidence you have like pictures, mechanic reports, news stories, etc. You can mention your personal injuries if you were involved in a crash, but the NHTSA is not the official body for handling these kinds of claims.
After this, it is just a case of waiting and seeing what happens next. There will typically be an investigation into the company, and this is where the defect will either be uncovered or proven as nothing. Sometimes, these cases are tricky, and the NHTSA will rule that it is the fault of the drivers and not the company that made the parts. That is why evidence is essential.
Gathering Evidence
If there are any other victims out there, we should be trying hard to find them so that it is possible to collaborate and corroborate stories of SUA. These kinds of incidents are so serious that they are bound to not be isolated across the entire state or even the entire country. Products spread far and wide, after all, and that means the defects do as well. What kind of evidence can you submit?
- Mechanic Records: The most obvious answer here is a mechanic’s analysis of the suspected issue. They may or may not be able to find supporting evidence that supports what you are saying as the truth, but it is worth a shot.
- Witness Statements: Further to this, there may be useful witness statements that will show that you are not the only person to have experienced this issue.
Talk to Monge & Associates
We have the necessary legal expertise to help you find the best way forward. Monge & Associates offices are found in 19 states across 32 locations like the one right here in Colorado. Other offices are well established in Illinois, Pennsylvania, Mississippi, Maryland, and Virginia and we have helped people in every single location. Talk to our attorneys to find out exactly what the process is and how the companies in question should be protecting their customers.
When things go wrong with your vehicle and you are to blame, the company that made it must step up and pay their dues. Compensation is necessary, and you will be able to find a path forward that protects your well-being and considers the consequences of the vehicle malfunction incident. It won’t be easy, but it will be worth it.
Get in touch with our team today if you have been affected by sudden unintended acceleration—call now for a free consultation on (888) 477-0597.