If you own a Ram pickup, your truck may be subject to a recall. The trucks have been issues with the tailgate unlatching and opening without warning. While this issue may not interfere with driving the vehicle, it’s a safety issue for everyone else on the road: if a tailgate opens while hauling cargo, items falling out could cause accidents.
This recall affects 2019 to 2022 Ram 1500, 2500 and 3500 pickup trucks. These models may have misaligned tailgate strikers, which can cause the tailgate to unlatch and open without warning.
If you have one of the affected models, take your pickup to a dealership. Dealers will inspect the tailgate striker alignment and make repairs as necessary, free of charge.
Who’s responsible if an accident happens?
What happens if a defective product, like the recalled Ram trucks, causes an accident? In normal accident cases, where the driver’s conduct was responsible for the accident, you would typically file a claim against the driver. However, in cases where a vehicle defect was responsible, liability can become a complex issue.
Generally, vehicle accident claims are negligence claims. To prove negligence, a plaintiff must show that the defendant had a duty to avoid causing them harm, they breached that duty and as a result, the plaintiff suffered actual harm.
If the driver didn’t realize that there was an issue with the tailgate, they might not be legally responsible for a resulting accident. They didn’t breach their duty to the plaintiff. The manufacturer was ultimately responsible for the problem which caused the accident. Just as drivers have a duty to avoid causing harm to others on the road, manufacturers have a duty to create products which are safe for their intended use. When a manufacturer breaches that duty, they can be held responsible through a products liability lawsuit.
On the other hand, if the driver knew about the defect, failed to take it in for service and continued to haul cargo, they could be held responsible for resultant harm. Their actions, or lack thereof, directly caused or contributed to the accident—even though the manufacturer is responsible for creating a defective product.
Because these liability issues can be complex, hiring a skilled personal injury lawyer is key. If you’ve been injured in an accident, call the Law Offices of Tim Misny today. We can review your claim and explain your legal options, so you can get the compensation you deserve.
Talk to an Ohio personal injury lawyer today
The Law Offices of Tim Misny can help you with your accident claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.