Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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It's one of those worst-nightmare scenarios when you hear of a car accident in which a seatbelt broke. Those belts are meant to protect you, so to have one break and allow someone in the car to be injured is terrible. But it also brings up another problem: If you're in a car accident in which a seatbelt breaks and that person is injured, who is liable? Is it the responsibility of the person who hit your car, or does the car manufacturer have any liability as well?
Accident Force vs. Defective Belt
What's behind this problem is the cause of the break. Sometimes an accident is so severe that even the best seatbelt won't hold. In that case, it's not really the fault of the car manufacturer. On the other hand, the belt could have had a defect that let it break prematurely, in which case you have to determine if this was a widespread defect (the type normally subject to recall) or a fluke affecting this car only. And then there's the added bonus of whether or not there actually had been a recall that the car owner ignored.
Keep in mind that not all recalls are advertised. Even if a car manufacturer tries to reach out to its customers, it still may not reach those who bought the cars secondhand from private parties and those who have moved away and who never gave address changes to the dealership. So that makes the case even more complicated because you don't know if a recall was heavily advertised to the point where the car owner could reasonably be expected to know about it.
Accident Reconstruction
One option is to have the police and an auto accident attorney arrange for a reconstruction to determine exactly what happened. These take time, though, which means whoever is injured may have to deal with medical bills long before a resolution is reached. And if the other party's insurance company is claiming their driver shouldn't be liable for the injuries because the seatbelt must have been defective, then you definitely need to get an auto accident attorney on the case. You shouldn't have to pay for a reconstruction that someone else claimed will show their innocence.
Car accidents often are more of a mess than they look, and they can be difficult to handle on your own. A good insurance agent is a blessing, but if there is any indication that a lawsuit is in the works, get an excellent auto accident attorney on your side, too.
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