Home - Auto Defects

Defective automobiles

Contact the Carlson Law Firm for Help

Defective Vehicle Lawsuits

Do you believe your car accident was caused by a vehicle defect?

When a vehicle’s defect leads to an accident or injury, seeking legal help from an auto defect lawyer can be crucial in holding manufacturers accountable. Defective vehicles can result from issues such as faulty brakes, airbag malfunctions, or steering problems, posing serious risks to drivers and passengers alike. An experienced auto defect lawyer can help victims navigate the complexities of these cases, ensuring they receive compensation for medical expenses, lost wages, and other damages. Understanding your rights and the legal options available is essential in taking action against those responsible for defective vehicles.

How do I know my car is defective?

Three signs that your vehicle may have been defective:

Common Vehicle Defects

Defective vehicle components can lead to serious accidents and injuries, making it crucial to understand the risks associated with these failures. From tire blowouts and brake malfunctions to faulty airbags and seat back failures, each defect presents unique dangers that can compromise the safety of drivers and passengers. Learn more about the specific types of vehicle defects, the dangers they pose, and the legal options available for those affected.

Defective Tires

Tire failures or blowouts are a major cause of rollovers. Throughout the years, evidence of dangerous tires sold by some of the largest manufacturers in the world has shown that tires are not suitable for use. Tread separation is one of the most common reasons for a tire blowout and can be attributed to poor tread design, which causes separation while the car is in motion. At highway speeds, the defective tires “blow out” caused by the tread separation causing serious accidents including rollovers, spinouts, and other single vehicle accidents.

Crushed / Collapsed Roof

When a vehicle rolls over in an accident, in many cases the roof collapses, causing injury to the vehicle’s occupants. Some 24,000 people are severely injured each year by crushed roofs in rollover accidents in the United States, and more than 10,000 are killed. Crushed roofs contribute to approximately more than a quarter of serious or fatal injuries in more than a quarter of rollover crashes. When a roof collapses in a rollover accident, it may cause serious injury to the occupants of the vehicle, including quadriplegia or paraplegia. It can also result in traumatic brain injury to the vehicle’s occupants, as well as other serious injuries, even death.

Brake Failure

Brake systems in cars are extremely complex, involving parts such as discs, rotors, calipers, and hydraulic lines – all of which must work together properly in order for the brakes to function and stop the vehicle safely. If brake failure occurs, the driver and his or her passengers – as well as innocent bystanders – may be at risk of a serious accident and subsequent injuries or death.

Defective Auto Glass

Despite the different functions performed by the auto glass; windshields, windows, and other glass have protective qualities that can prevent vehicle ejection and even reinforce the roof of a vehicle during rollover accidents. But while auto glass serves an important purpose when it comes to safety, using defective or inadequate products can actually cause harm to drivers and occupants, and become a dangerous element of an accident.

Seat Back Collapse

The proper position of the seat is critical to the effectiveness of vehicle safety systems. When the back of a bucket seat breaks or collapses in a crash, not only is the occupant exposed to serious injury from the seat back collapse, the occupant is also exposed to serious injury as a result of other safety systems (seat belts, airbags, etc.) that cannot function properly.

Defective Airbags / Airbag Malfunction

A defective airbag is one that fails to deploy or deploys when it is not supposed to. Over the past year, airbags have been in the news for many of the wrong reasons. Several automakers have been forced to issue NHTSA recalls for defective airbags. Airbag defects have caused spinal injuries, fractured necks, head and brain injuries, facial injuries, and eye injuries in motorists. When an airbag deploys when an accident has not occurred, it may cause a driver to lose control.

Car Fires

Vehicle fires can be caused by electrical malfunctions, fuel tank location or by failures of the fuel lines or fuel tank. Electrical fires begin in or around the dashboard. Fires from faulty fuel lines or tanks start under the car or on the street below and spread rapidly as leaking fuel ignites. Both types of fires are often the result of defective vehicle design or manufacturing defects. A car fire can be a devastating after-effect of a car crash, leading to severe injuries and even death.

More about Defective Vehicles

Defective Safety Features: Did A Vehicle Defect Cause My Car Crash?

Over the years, car safety technology has centered around saving lives and preventing injuries. But it is important to note that not all car crashes are caused by driver error. Many auto accidents occur because of a vehicle defect. Today’s cars come with technology intended to save the passengers of a vehicle instead of the vehicle itself. Government regulations require automakers to meet certain standards to ensure passenger safety.

How can an attorney help me if my vehicle is defective?

When these parts fail due to design flaws or manufacturing defects, the potential for injury or death increases significantly. Hiring an attorney who handles not just car accidents but matters that rise to defective autos is crucial to ensuring you collect all you deserve.

It's free to talk to our legal team and costs nothing to get started on your case.

1. Investigating the Defect and Gathering Evidence

A defective auto attorney can conduct a thorough investigation to identify the exact nature of the defect, including examining the vehicle, reviewing maintenance records, and consulting with automotive experts to build a strong case.

Our legal team will collect crucial evidence such as accident reports, witness statements, recall notices, and expert testimonies to establish a clear connection between the defect and the injury or accident.

2. Negotiate and File a Lawsuit

If negotiations with the responsible parties or insurance companies do not result in a fair settlement, a defective auto attorney can file a lawsuit on your behalf, advocating for your rights in court.

3. Maximize Compensation

An experienced attorney will understand the full extent of damages you may be entitled to and will work to maximize your compensation, including pursuing punitive damages if the manufacturer’s negligence was particularly egregious.

Navigating a defective vehicle claim can be stressful and overwhelming. An attorney provides peace of mind by handling all legal aspects, allowing you to focus on recovery while ensuring your rights are protected and your case is thoroughly managed.

Automotive Defects

Product Liability Law

A Product May Be Dangerous On One Of Three Grounds:

The product was defectively designed, so that all items produced, distributed, and sold share the same danger.

The product was defectively manufactured, in which case the entire product line is not inherently dangerous, but only a specific individual product is faulty.
The product is dangerous because of a lack of sufficient instructions regarding its assembly and use, or it fails to adequately warn of dangers associated with use of the product.

Recalls

Recalls are directly connected to defective vehicles because they are the primary mechanism for addressing and correcting safety-related defects identified in vehicles after they have been sold. When a defect is discovered—whether through consumer complaints, accident investigations, or testing—regulatory agencies like the National Highway Traffic Safety Administration (NHTSA) in the United States may issue a recall to prevent further harm. These recalls compel manufacturers to fix or replace the defective parts at no cost to the vehicle owner, helping to mitigate the risks associated with defects like faulty brakes, malfunctioning airbags, or structural weaknesses. By ensuring that defective vehicles are repaired or removed from the road, recalls play a crucial role in protecting public safety and preventing accidents and injuries.

What is the statute of limitations for filing a lawsuit over a defective vehicle?

The statute of limitations for filing a defective vehicle lawsuit varies by state and the type of claim (personal injury, wrongful death, property damage). It is important to consult with an attorney as soon as possible to understand the specific deadlines applicable to your case.

FAQs: Defective VEhicle Lawsuit

Do I need the vehicle to pursue a claim?

Generally speaking, yes, you do need to have the car to pursue a claim with The Carlson Law Firm. Having the vehicle is essential because it serves as critical evidence in proving that a defect caused an accident or injury. A thorough inspection of the vehicle by experts is often necessary to identify the specific defect, whether it’s a faulty brake system, a defective airbag, or any other issue that compromised safety. This examination can provide detailed insights into how and why the defect occurred, which is crucial for building a strong case.

Moreover, our retaining the vehicle allows attorneys to preserve crucial evidence, such as the condition of the car and any signs of the defect, which can be pivotal in demonstrating the manufacturer’s liability. Without the car, it can be challenging to substantiate claims that a defect was present and directly responsible for any harm. Therefore, maintaining possession of the vehicle ensures that all possible evidence is available to support your case, increasing the likelihood of a successful outcome.

Can I sue the manufacturer if my vehicle is defective?

Yes, if a defective vehicle causes an accident or injury, you may have the right to sue the manufacturer under product liability laws. These laws hold manufacturers responsible for producing safe products and allow consumers to seek compensation for damages such as medical expenses, lost wages, pain and suffering, and more.

What types of compensation can I receive if my vehicle is defective?

If your defective vehicle caused an accident or injury, you may be entitled to various types of compensation, including:

Medical expenses for treatment and rehabilitation.
Lost wages if you are unable to work due to injuries.
Pain and suffering for physical and emotional distress.
Property damage for repairs or replacement of your vehicle.
Punitive damages in cases where the manufacturer’s negligence was particularly egregious.

How long does it take to resolve a defective vehicle claim?

The timeframe for resolving a claim can vary widely depending on the complexity of the defect, the extent of the injuries or damages, and the willingness of the manufacturer to settle. An attorney can provide a more tailored estimate based on the specifics of your case.

Will my insurance cover the costs associated with a crash caused by a defective vehicle?

If in a car accident, your insurance policy may cover some immediate costs, but pursuing a defective vehicle claim usually involves seeking compensation directly from the manufacturer or other liable parties. Your attorney can advise on coordinating insurance coverage with your claim.

How does hiring a defective auto attorney increase my chances of success?

An experienced attorney will know how to navigate the complexities of defective vehicle claims, including gathering evidence, negotiating with manufacturers, and presenting a strong case in court if necessary. They can significantly increase your chances of securing fair compensation.

Three reasons to hire a Carlson Law Firm Auto Defect Lawyer Today

Extensive Knowledge of Product Liablity Law

A skilled attorney with defective vehicle lawsuits has the experience and understanding needed to navigate the complexities of product liability law. They are aware of the specific laws and regulations that apply to vehicle defects, know how to gather and present strong evidence, and can identify all potentially responsible parties, such as manufacturers, distributors, and suppliers. This knowledge is essential for building a solid case and increasing the chances of a favorable outcome.

Comprehensive Investigation and Evidence Gathering

Proving a defective vehicle claim requires a thorough investigation and the collection of detailed evidence, including testimonies, accident reconstruction, vehicle inspections, and documentation of the defect. An attorney has the resources and network to conduct a complete investigation, gather all necessary evidence, and build a persuasive case. They can ensure that no crucial piece of evidence is missed, significantly strengthening your claim.

Does the law protect consumers from defective vehicles in Texas?

Yes, the law provides protections for consumers against defective vehicles. These protections are designed to hold manufacturers, distributors, and sellers accountable for defects that cause harm and to ensure that consumers are compensated for injuries and damages. Here are a few key legal protections:

Product Liability Laws

These laws hold manufacturers, distributors, and sellers responsible for any defects in their products, including vehicles. There are generally three types of product defects covered under these laws:

Design Defects

Flaws in the design of the vehicle that make it inherently unsafe, even if manufactured correctly.

Manufacturing Defects

Errors that occur during the manufacturing process, causing the vehicle to deviate from its intended design and become dangerous.

Marketing Defects

Inadequate instructions, warnings, or labeling that fail to inform consumers about the vehicle’s potential dangers.

Consumer Protection Laws

These laws are designed to protect consumers from unfair and deceptive practices, including the sale of defective vehicles. For example, the Magnuson-Moss Warranty Act in the United States allows consumers to seek remedies if a manufacturer or seller breaches a warranty on a new vehicle.

Lemon Laws

Many states have “lemon laws” that provide specific protections for consumers who purchase new vehicles that turn out to have significant defects. These laws typically allow consumers to receive a refund or replacement vehicle if the defect cannot be repaired after a reasonable number of attempts. (Notice to reader: The Carlson Law Firm does not handle Lemon Law cases.)

Recalls and Safety Regulations

The National Highway Traffic Safety Administration (NHTSA) in the United States and similar agencies in other countries are responsible for enforcing safety standards for vehicles. If a vehicle is found to have a safety defect, the manufacturer is required to issue a recall and repair or replace the defective part at no cost to the consumer.

Right to Compensation

If you are injured due to a vehicle defect, you have the right to seek compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages through a personal injury or product liability lawsuit.

In summary, the law offers multiple layers of protection to ensure that consumers are not left to deal with the consequences of defective vehicles on their own. An experienced attorney can help you understand your rights and the best course of action if you believe you have been affected by a defective vehicle.