Vehicle rollaway accidents occur when a vehicle’s parking and parking brake mechanisms fail, allowing a car to roll away into traffic or other dangerous situations. These types of rollaway incidents can lead to:
- Accidents with moving or parked vehicles
- Injuries to pedestrians, bicyclists, or other people nearby
- Property damage
- Injuries to persons who might be inside the vehicle when it rolls away
- Damage to the vehicle that rolled away (for instance, if it rolls down a hill or off of a precipice)
Some vehicle rollaway accidents can be attributed to the parking transmission mechanisms being moved even when the ignition is not engaged, or when the person’s foot is not on the brake. These types of defects can be a concern when there are children left in the car, who may be able to move the transmission out of gear, causing the car to rollaway. Accidents can also be more serious if they take place in a parking garage or other enclosed area.
Who can be Held Liable for a Vehicle Rollaway Accident?
In many vehicle rollaway accident cases, the rollaway occurs as a result of a manufacturing defect with the parking or braking mechanisms. For instance, poor quality parking brake parts can be a cause of a rollaway accident. In such cases, the manufacturer could be held liable under a product defect theory of law. In other cases, vehicle rollaway accidents can also be connected with defects with push-button ignition systems.
As mentioned, some vehicle rollaway accidents can occur if a small child is able to move the transmission out of the parking gear. In such cases, liability may be partially attributed to the parent of the child, especially if they were negligent in leaving their child unattended, and also if they knew that the car had a risk of rolling away.
What are the Legal Remedies for a Vehicle Rollaway Accident?
Vehicle rollaway accidents can involve serious injuries and major property damage. These types of accidents may require legal action to resolve any disputes. These types of disputes are typically resolved through a monetary damages award. The damages will usually cover expenses such as medical and hospital bills, property repair or replacement, and other expenses like lost wages.
In cases where an automobile defect is an issue, the manufacturer may be required to recall the vehicle, and class action lawsuits may also result as well.
Do I Need a Lawyer for Help with a Vehicle Rollaway Accident?
Vehicle rollaway accident lawsuits can involve some complex matters, and may require the assistance of a lawyer. You may need to hire a personal injury lawyer in your area if you or a loved one of yours has been injured or affected by a vehicle rollaway accident. Your attorney can provide you with legal advice and representation for your case.