With the list of recalled Toyota manufactured vehicles continuing to climb, the number of accidents and fatalities that may be attributed to those vehicles continues to climb as well. To date, there are close to 50 deaths and hundreds of injuries that may be caused by Toyota manufactured vehicles. As more vehicles are added to the list, and investigations continue by the United States government as well as other governments, we may find more deaths and injuries that were suffered as a result of Toyota manufactured vehicles. So what can you do if you have been in an accident and suffered injuries as a result of a vehicle that has been recalled?
Defective products, or parts, can be addressed under the laws of product liability. Sometimes, as in this case, they can also be the basis for a personal injury lawsuit, according to California personal injury attorney Emery Ledger. Personal injury lawsuits operate under the theory of negligence. In the State of California, the theory of comparative negligence is used to determine who is responsible for a car accident. Under comparative negligence, more than once person – or entity -can be at fault in an accident. Some states still use a theory of negligence known as contributory negligence wherein if you contributed at all to the accident you cannot recover anything in a lawsuit. Luckily for California residents, California does not adhere to that doctrine. As the law stands in California, if more than one person – or entity – played a part in causing the accident, then the negligence (a legal term for blame) is proportioned among the responsible parties. In the case of the defective Toyota vehicles, for instance, it could be found that the defective part in a vehicle was 75% responsible for a car accident but driver error was responsible for the other 25%. The most important thing to remember is that even if you played a part in causing the accident, if someone else is MORE responsible than you then you may still be entitled to compensation for your injuries. In the examples above, if you were responsible for the 25%, then you would still be able to recover for 75% of your damages or injuries. The bottom line is that if Toyota manufactured a defective vehicle, or part of a vehicle, and that defect caused, or contributed to an accident that caused injuries, then they can be held accountable for those injuries.
As the number of lawsuits filed against Toyota continues to climb, it may be some time before we see any of the cases settled or we see a jury award. In the meantime, if you have been injured in a car accident and you feel that a Toyota manufactured vehicle was wholly or partially to blame for your injuries, then seek the advice of an experienced California personal injury attorney. If you would like a free and confidential detailed evaluation of your Toyota recall case, please contact California Toyota recall attorney Emery Ledger at Ledger & Associates – 1-800-300-0001 or www.ledgerlaw.com.
