Personal injuries and deaths are caused every day throughout the country by car or auto accidents on our highways and roads. Car crashes and accidents can occur as a result of the negligence of one or more drivers (including the negligence or fault of the one person who is injured or killed or the driver of the vehicle in which an injured passenger is riding), defective cars or other motor vehicles, bad weather, or poorly maintained roads. When a victim’s injury or death is caused by another’s negligence or a defect in a motor vehicle, or when the victim’s injuries are enhanced (increased or worsened) by a defect in vehicle safety equipment, those responsible for the victim’s injury or death may be found liable through the institution of negligence, product liability, or wrongful death actions. Car accident lawyer Philadelphia firm Killino takes pride in the millions of dollars in settlements we have obtained on our client’s behalf.
If you have been injured or a family member has been killed in a car or other motor vehicle accident as a result of someone’s negligence or a defective vehicle, you and your family may be entitled to compensation through legal action. The Killino Firm’s car accident attorneys based in Philadelphia have extensive experience with all types of motor vehicle accident cases, including those arising out of multiple vehicle accidents resulting in the liability of multiple defendants. Contact The Killino Firm at (215) 569-1299 for a free evaluation of your case and additional information about your legal options.
Legal Liability for Auto or Car Accident Injuries and Deaths
When someone has been injured or killed in a car crash, or truck accident, as a result of driver negligence or a defect in one of the vehicles involved in the accident, the victim or certain of the victim’s family members may be able to recover damages for the victim’s injury or death through the institution of negligence, product liability, or wrongful death actions. Product liability, negligence, and wrongful death actions are all governed by the laws of the state in which they are filed.
Wrongful Death Actions
Under most states’ wrongful death laws, the family members of a deceased auto or car accident victim may be entitled to recover compensation from those whose negligence or defective vehicle is determined to have been a cause of the victim’s death. The elements of liability and causation of the victim’s fatal injuries in such wrongful death actions will be determined in the same manner as liability for non-fatal car or auto accident injuries would be determined in actions for negligence or product liability brought against the same defendants. Wrongful death actions differ, however, with respect to the element of damages. Unlike product liability or negligence actions brought by an injured plaintiff to recover damages suffered by the plaintiff, wrongful death actions seek to recover damages suffered by the survivors of the deceased victim as a result of the victim’s death.
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Killino has garnered national attention winning major verdicts on their clients behalf. Each car accident case is treated with the same precision and care regardless of the size of the case. This has earned Killino 5 star rating among its client base. Several surveys ranked us as the top rated car accident lawyer Philadelphia – This is an honor we take seriously and continue to be proud about.
Product Liability Actions
Product liability actions to establish liability for car and auto accident injuries caused by a defect in a car or other motor vehicle are brought pursuant to the product liability laws of the state in which they are filed. Most states follow some form of the Model Uniform Product Liability Act (MUPLA), though some variation exists in the law from one state to another. Under most states’ laws, however, product liability actions may be brought against the designer, manufacturer, assembler, supplier, and others in the chain of a defective vehicle’s distribution to recover damages caused by the vehicle’s defect. The defect may occur in the design or manufacturing stage of production or as a result of the failure to warn of certain dangers associated with the vehicle’s use.
These actions may generally be brought as strict liability, negligence, or breach of warranty actions, though the strict liability form is usually utilized to recover damages for personal injuries. Strict liability actions allow the plaintiff to establish liability on the part of all named defendants without proof of negligence on the part of any of the defendants. In some states, the retailers of motor vehicles are relieved of strict liability for injuries or deaths caused by motor vehicles with defects of which the retailer had no knowledge.
Negligence Actions
Most states’ negligence laws provide that liability may be found on the part of a defendant in a negligence action to recover damages for a car accident victim’s injuries or death if the plaintiff establishes that the defendant owed a duty of care to the accident victim, that the defendant breached the duty of care, that the breach was a cause of the victim’s injury or death, and that the plaintiff suffered damages as a result of the injury or death. In some car accident cases, the negligence of more than one driver may be found to have caused an accident victim’s injury or death.
Contact Us
If you or a loved one has been injured or killed in a car or other motor vehicle accident and you suspect that the accident, injuries, or death were caused by a defective vehicle, vehicle safety equipment, or driver negligence, The Killino Firm’s Philadelphia, Pennsylvania, auto accident attorneys can help you obtain the justice you deserve from those responsible for your accident injuries or loved one’s death. Contact us at (215) 569-1299 for expert assistance with your case.
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