Can I Sue Nissan If CVT Transmission Failure Caused Me To Be In An Auto Accident?

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You may have heard about the class action lawsuits filed because of the CVT transmission failure issue occuring in Nissan vehicles. Nissan has agreed to extend the warranty on the faulty parts. However, many people complain about the unexpected failures of these transmissions, or how the car will suddenly slow down or stall while they are traveling down the roadway.

If you are traveling down I-85 and your Nissan vehicle slows down without warning so that you cannot accelerate, you could end up being hit by other vehicles. Your vehicle may be damaged, and you may suffer serious injuries. In this situation, you naturally would wonder who is responsible for these damages. If this circumstance has happened to you, you may be able to file a personal injury claim if the accident was caused by a defective product, such as the CVT transmission.

Defective Product Liability

If you were using a product as intended and have suffered injuries or damages because of the product was defective, you may be able to recover compensation for your damages. For a successful personal injury claim because of a defective product, you must prove all of the following elements:

  • The product was being used as intended
  • The product had a defect
  • You were injured by the defect
  • You were injured and/or suffered losses

You will need to be able to provide documentation to support your claim. The product will require thorough inspection to prove that it was defective and failed. Witnesses and other supporting evidence can help detail what happened, so you can get the support that you need to show that the defective product was the contributing cause of your accident.  You may need to engage an expert witness to prove that the product failed or was improperly designed.

Claiming Product Liability

CVT transmission failure in your Nissan was what caused a car accident, or if you are the victim of some other defective product, then you will want to consult with a products liability lawyer. Schedule a free case evaluation with Greenville personal injury attorney David R. Price, Jr., P.A. today.

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