About Car Fire Claims in Texas
Some car accidents are catastrophic, causing serious injuries or fatalities. Although rare, car fires are a serious concern for some accidents. When a vehicle’s gas tank leaks from an impact, a single spark can cause an explosive fire and serious injuries to anyone in the vicinity. Car fires most commonly occur due to three types of situations: extreme accidents, accidents involving fuel-carrying vehicles, and defective vehicles. It’s crucial for Texas drivers to know how to handle each possible situation or any other car fire.
Car Fires from Severe Accidents
When a car fire happens from a crash, the victims may sustain serious burn injuries as well as broken bones, head injuries, spinal injuries, and more. If a car accident occurs due to the negligence of one of the drivers involved, the injured victims can secure compensation for their injuries and other damages with personal injury lawsuits. Success in a personal injury case hinges on the plaintiff’s ability to prove the defendant’s negligence, which involves four elements:
- Duty. The plaintiff must prove that the defendant owed the plaintiff a duty of care in the given situation.
- Breach. Next, the plaintiff has to prove that the defendant breached his or her duty of care in some way.
- Damage. The plaintiff must provide evidence of the effects of the defendant’s negligence, such as hospital bills, vehicle repair invoices, and any other documentation proving the plaintiff’s damages. If the plaintiff suffered no injury or economic loss, there is no claim.
- Causation. Once the plaintiff establishes his or her damages, he or she must prove they resulted from the defendant’s negligence and not some other cause.
Car Fires from Vehicle Defects
Some car fires occur due to poor vehicle designs. A famous example of this is the Ford Pinto, sold from 1971 to 1980. The Ford Pinto had a serious design flaw: the gas tank was relatively unprotected and located very close to the rear bumper. The tank was likely to explode if the Pinto sustained a rear-end impact- the perfect example of a defective design.
Products can be defective in three possible ways: defective design, defective production, and defective marketing. A defective design is an inherent flaw in the design of the product. A production defect may only affect certain units or production lots. Defective marketing can entail inadequate safety warnings, poor instructions for use, or failure to warn end users of risks associated with normal use of a product.
Unlike personal injury claims, plaintiffs in product liability claims do not necessarily have to prove a manufacturer was negligent to succeed in a lawsuit. The plaintiff simply has to prove that the product in question was defective and the defect caused the plaintiff’s damages. Once a product manufacturer becomes aware of a defective product, the company will typically weigh the cost of a recall against the potential for future lawsuits. Today, most companies simply issue consumer warnings and recalls as soon as they become aware of a problem with a product.
Protect Your Rights
A car fire can cause catastrophic injuries that require multiple surgeries and extensive recovery time. Many burn victims cannot return to their previous jobs and require long-term disability benefits to survive. People who suffer injuries and other damages from car fires need reliable legal counsel to protect their rights and secure the compensation they need to recover.
The Law Firm of Aaron A. Herbert, P.C.
has helped our clients in Texas secure hundreds of millions of dollars in compensation since our firm’s beginnings, and we want to put our resources and experience to work for you in your car fire case. Contact us today
to schedule a free consultation, and we’ll meet with you to discuss your legal options.