Auto defects result in thousands of car accidents each year, often causing serious injury or death to drivers and passengers. Auto defects typically occur in the design or manufacture of vehicles or in the parts on a vehicle. The following are some of the most common auto defects which result in car accidents:
- Seatbelt failure;
- Seat back failure;
- Defective airbags;
- Defective door latches;
- Defective tires; and
- Defective gas tanks.
Another common issue in auto defect cases is crashworthiness. Crashworthiness is the ability of the vehicle to protect the occupants from injury in the event of an accident. A vehicle’s crashworthiness is determined by its physical and technical foundation and design. Features meant to enhance a vehicle’s crashworthiness include air bags, seat belts, crumple zones, side impact protection, head rests, and padding. However, even when these features are present, they may not work properly or at all.
Defective Auto Lawsuits
A defective auto lawsuit is a type of product liability lawsuit and may be based on:
- Design defects (relates to mistakes and oversights in the design of the vehicle);
- Manufacturing defects (relates to defects in how the product was manufactured); or
- Marketing defects (relates to defects in the instructions for proper and safe use or the dangers and risks of use).
Other product liability grounds may be available depending on the jurisdiction in which the lawsuit is filed.
Product liability cases may be based on a number of theories as authorized by the law of the jurisdiction in which the lawsuit is filed. Some of the most common theories are:
- Negligence;
- Breach of Warranty;
- Fraud;
- Misrepresentation; and
-
Strict Product Liability.
Damages in Defective Auto Cases
If a person is injured or dies as a result of an accident involving a defective automobile crash, he or his loved ones may be entitled to compensation for the physical, emotional and psychological, and financial damages suffered including:
- Medical bills;
- Rehabilitation costs;
- Prescription costs;
- Future medical bills;
- In-home care;
- Lost wages;
- Future lost wages;
- Property damage; and
- Pain and suffering.
A plaintiff in a defective auto case may also recover punitive damages under very limited circumstances.
Getting Legal Help
The statute of limitations for a defective auto lawsuit can be as short as six months in some jurisdictions. Therefore, if you have been injured or lost a loved one as a result of a defective automobile, you should speak with a qualified product liability attorney as soon as possible. A product liability attorney will work closely with you to help you get the compensation you deserve.
