Lawsuit following vehicle accident due to alleged airbag failure. Estudio Olaechea is representing Toyota del Perú—a subsidiary of the Japanese multinational automotive manufacturer—in a lawsuit filed by an individual who was involved in a car accident. The counterparty claims the severity of the accident was due to the non-activation of the airbags in his Toyota vehicle.
Plaintiff blames airbags for accident despite excessive speed: We aim to demonstrate that the accident was caused by the excessive speed with which the counterparty was driving the car. Instead of accepting civil and criminal responsibility for the incident, the counterparty is attempting to shift the blame onto our client.
Complexity requiring technical analysis for liability: This is a complex case that requires both technical analysis and a liability assessment to determine who was truly responsible for the accident. In our client’s defence, it must also be proven through technical evidence that the airbag was not supposed to activate in this situation.
Broad impact in driver liability and accountability for accidents: Beyond the significant sum at stake, the case holds broader implications. If the court rules in favour of the plaintiff, it could set a precedent that encourages drivers to evade responsibility by blaming supposed technical failures in their vehicles.
Latest development: We continue to advise our client on this matter as the lawsuit is in the evidentiary stage.
