Who's at Fault When a Car Malfunction Causes a Wreck? - John P. Fishwick Jr.

From Fishwick & Associates PLC - Who's at Fault When a Car Malfunction Causes a Wreck? looks at how fault is determined when a vehicle failure, rather than driver error alone, contributes to a crash. The podcast walks through how a driver, a manufacturer, a parts supplier, or a repair shop may bear responsibility depending on the cause of the failure and the conduct of each party involved. Listeners will hear how a rear-end crash raises questions about following distance and lookout, and why a sudden brake failure does not automatically excuse a driver from fault. Fishwick & Associates PLC represents injured people in Roanoke and across Virginia, and the discussion draws on the guidance Attorney John P. Fishwick Jr. and the firm's Roanoke car accident lawyers provide to those navigating these claims.

The conversation covers how Virginia law treats defective products, since Virginia does not recognize strict products liability and instead allows claims to proceed under negligence or breach of warranty. Design defects, manufacturing defects, and failure-to-warn issues are each explained, along with how recall records, safety investigations, and manufacturer communications can help show that a company knew about a similar problem without proving on their own that the same defect caused the crash. The episode also addresses when a driver may be liable for failing to maintain their car, noting that Virginia law requires brakes to be kept in good working order and that continued use of a vehicle despite warning signs can affect fault.

Listeners will also learn how contributory negligence works under Virginia law, where a driver's own negligence, if it was a proximate cause of the crash, can bar recovery on that claim, while noting that contributory negligence is not a defense to a breach of warranty claim. The podcast outlines the kind of evidence that can connect a malfunction to a crash, including inspection of the failed part, event data recorder information, maintenance and repair history, recall notices, and photos of the scene. It also touches on preserving the vehicle before repairs or disposal so that an inspection can reveal what failed and why, and how other parties, such as a repair shop or a parts manufacturer, could share liability.

The episode closes with background on Attorney John P. Fishwick Jr., a Roanoke native and trial lawyer who represents individuals in personal injury, wrongful death, and federal criminal matters throughout Virginia. He earned his B.A. from Harvard University and his J.D. cum laude from the Washington and Lee University School of Law, and he served as the United States Attorney for the Western District of Virginia from 2015 to 2017. He has been recognized in The Best Lawyers in America and named to the Virginia Super Lawyers list, and listeners are invited to call Fishwick & Associates PLC to schedule a free consultation about a possible car malfunction case.

Fishwick & Associates PLC

30 Franklin Rd SW Ste 700, Roanoke, VA 24011

(540) 345-5890

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