How does the fact that a driver may have caused an accident affect a crashworthiness action?
The doctrine of crashworthiness centers around the enhancement of injuries caused by a motor vehicle defect. The issue becomes whether the defect increased the injuries, and fault of a person injured does not prevent recovery on a crashworthiness action. The fault issue may arise when the court or jury weighs the comparative fault of the individual causing the accident with the fault of the manufacturer, so that a reduction in the amount of damages you are entitled to may result.
Related Questions
- A big rig went out of control on the road, caused a major accident, and I was injured. Can I recover against the driver of the big rig?
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- The driver who caused the accident was drunk. Does that affect the claim?
