A crack or chip in the windshield is far more than a minor issue. Not only can the problem grow worse over time, but it can also become a major issue in the event of a car accident. A windshield can also develop a sudden issue due to defects in the glass itself that are beyond the driver’s control. Whether the windshield was the cause of the accident, and who must pay, are things that are ironed out after the crash. An experienced car accident lawyer is here to fight for your full compensation, no matter who was to blame for the crash.
How Do Defective Windshields Affect Motorists?
The windshield impacts how a driver sees the road in front of them. If there is a large crack in the windshield, the driver may not be able to see everything that they need to behind the wheel. Further, defects in the windshield may also distract from a driver’s concentration. They may overcompensate because they have to make additional effort to see out of the car. A damaged windshield can increase the amount of glare that the driver sees, raising the risk of a car accident.
Drivers Can Also Be Victimized by Their Own Car Parts
The motorist can fall victim to their own windshield, especially when it is a sudden problem that they were not anticipating. Defective windshields can magnify injuries in a car accident. Windshields provide structural integrity to the car in the event of an accident. A “defect” means that it can fail, and the car can suffer even greater damage in a crash. This often happens when the driver-side airbag deploys, because the process relies on the structural integrity of the windshield to cushion the impact.
Who Is Responsible for an Accident Caused by a Defective Windshield?
Legal liability for an accident caused by poor visibility depends on the facts and circumstances of the case. If the glass itself was defective, the manufacturer or installer of the windshield could be liable in a product liability lawsuit. Here, there is a fine distinction between glass itself that is defective and negligent installation of the windshield.
The driver could also be to blame for the car accident, either in whole or in part. First, they have a legal obligation to properly inspect and maintain their car. They cannot simply let a known problem fester for an extended period of time. Second, they may not simply be able to blame the windshield for the car accident when they should have looked through it properly and adjusted their actions accordingly. Determining which party is liable and apportioning it accordingly is a crucial part of a car accident caused by a defective windshield.
If the windshield was a known problem for an extended period of time, the insurance company may attempt not to cover damages that result from an accident caused by it. They may claim that they are only obligated to cover claims when the driver has properly maintained their car, and they did not do so here. If you have been injured in a crash caused by an improperly maintained part, you may struggle to get the insurance company to pay the claim. If they are able to successfully refuse, you may have to go after the driver personally because your own car insurance company may also refuse to pay for the accident. Your car accident lawyer will deal with all insurance companies involved, along with reviewing the circumstances to see if there is anyone else you can sue.
Contact our Media Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC to Get the Compensation You Deserve
No matter what the cause, our Media car accident lawyers at McCann Dillon Jaffe & Lamb, LLC are here to fight for you if you have been injured in any type of motor vehicle accident. To schedule a free consultation, contact us online or call today at 215-569-8488. We have offices in Philadelphia and Abington, Pennsylvania, as well as Haddonfield, New Jersey, and Wilmington, Delaware. We proudly serve clients in the surrounding areas.