By law, a vehicle you buy must be safe and suitable for its purpose. All parts should work as you expect. If the vehicle is not safe or if its components or parts do not work, you may have bought a defective motor vehicle.
Automobile defects fall into three broad categories:
- Design defects: Here, the defect was created while the vehicle was being designed. Every vehicle produced with that design will be defective.
- Manufacturing defects. In this case, something went wrong when the vehicle was being constructed. These are typically structural problems.
- Marketing defects: These include insufficient warnings, improper instructions for using the vehicle or some part, or inadequate labeling.
Just like other manufacturers, vehicle makers are liable for any damage caused by their products and services.
What Are Some Common Examples of Vehicle Defects and Defective Vehicle Injuries?
The 10 most common vehicle defects and the injuries that result are the following:
- Seat belts that malfunction. About 3 million people are injured each year when their seat belt fails. There could be a defective latch or a malfunctioning tension detector.
- Airbags that deploy while you are driving the vehicle. Because the airbag will block your vision, you might crash your car. In addition, airbags that deploy with extreme force are defective airbags. They can cause asthma attacks, broken arms, burns, and loss of hearing or sight.
- Defects in the fuel system. These can cause fires and other issues.
- Failure of the door latch mechanism. This defect could cause someone to fall out of the vehicle while it is moving, or to be trapped in the vehicle on a scorching hot day or when there is a fire.
- Defects in the steering components. This could cause difficulty turning the wheel, or cause the vehicle to not travel in a straight line (it drifts). If you are unable to control the direction your car is heading, you are at grave risk for an accident.
- Defective brakes. If you can’t stop safely, you are at considerable risk of deadly harm. Defective brakes can also prevent you from being able to drive at the speed you’d like.
- Tire problems. This includes leaks in the tire, failure to maintain tire pressure, and misaligned suspension. Defects in tires can lead to a blowout, which can cause a crash.
- Defective windshields and windows. In a crash, your windshield provides 45% of the structural integrity of the passenger section of the vehicle. If it shatters, it can throw shards of glass at you. In a rollover, the defect can cause the roof to fold in and the car to crush you.
- Malfunctioning windshield wipers. This can cause loss of visibility during rain or snow, which can lead to a crash.
- Faulty headlights. If your headlights are not working properly it can reduce your ability to see the road in front of you. This can lead to serious accidents.
Can I Sue For a Motor Vehicle Defect?
The type of cases most often filed are personal injury claims. In a claim for personal injury, the plaintiff complains that they sustained injuries due to the defendant’s acts or failure to act. The injuries can be physical, mental, or both. Mental health injuries include emotional pain and suffering.
A personal injury claim requires that the plaintiff establish the following:
- The defendant had a duty to the plaintiff. This is simple in these cases, because vehicle manufacturers owe both common law and statutory duties to drivers and purchasers.
- The defendant breached the duty and it caused harm to the plaintiff. Here is where the plaintiff will have to set forth what the manufacturer did wrong. This information can be gathered during the discovery phase of the lawsuit, when both sides must provide requested information to the other.
- In some cases, it is not necessary to research what specific step in the manufacturing process caused the damage. The mere fact that something went wrong (such as an airbag improperly inflating while driving) indicates that the defendant must have breached its duty to the plaintiff.
- The plaintiff suffered some kind of harm. The plaintiff must suffer some sort of measurable harm.
How Can I Recover Losses For a Motor Vehicle Defect? What Remedies May Be Available?
Filing a lawsuit against the manufacturer of your defective vehicle can help you be compensated for the following:
- Medical bills
- Lost wages
- Vehicle repairs or replacement
- Compensation for the wrongful death of a child or spouse
You may also be awarded monetary damages for any pain and/or suffering tied to the defect in the vehicle.
If the manufacturer’s faulty design or construction of the car was grossly negligent or intentional, you may be awarded punitive damages. These are damages meant to punish the manufacturer. Because it may take a large sum to punish a large company, these damages can be very high, sometimes in the millions of dollars.
Does The Vehicle’s Manufacturer Have Any Defenses Against a Motor Vehicle Defect Claim?
The vehicle manufacturer may have some defenses available. For example, they may assert that the cause of the accident was not due to any fault in the vehicle. For example, the manufacturer could claim that the problem with the windshield wipers was not in the wiper system, but was due to normal wear and tear of the wipers.
Two of the greatest defenses available to vehicle manufacturers are those of comparative or contributory negligence. These are based on the claim that the plaintiff was responsible, in part or fully, for the accident or damage. These defenses permit a jury or judge to consider the percentage that a plaintiff is at fault for causing an accident, rather than only a defendant. The doctrines of contributory and comparative negligence can reduce or deny the amount of damages that a plaintiff can recover.
Different states use different rules for the application of these defenses and the impact that they will have on your ability to recover damages. To learn more about the specific rules and requirements for your jurisdiction, you should speak to a local attorney for further legal advice. That way you can receive guidance that is tailored to your matter.
What is the difference between contributory and comparative negligence? Contributory negligence is the older version of the principle that the plaintiff’s ability to recover damages should be limited if the plaintiff bears part of the fault.
The doctrine of contributory negligence states that if a plaintiff is deemed to be at all negligent in the incident in question, then they may not recover any percentage of damages from the defendant in the case. In other words, if a judge or jury finds that the plaintiff was even as much as 1% at fault for the accident, then they cannot recover any damages for their injuries.
Because of its extreme nature, over the years many (but not all) states have gradually replaced contributory negligence with the doctrine of comparative negligence. This methodology compares the percentage of fault that each party is responsible for.
There are three versions of comparative negligence. Different states apply different versions. (This is another reason why it is good to have a lawyer to make sure you understand local law.) The three versions are:
- Pure Comparative Negligence (The 99% Rule): In this case, the plaintiff will not be barred from receiving an award of damages even if the judge or jury finds that they were 99% at fault for the accident. The amount they receive will be reduced by the percentage of their fault. For instance, if you sue a manufacturer and the damages are found to be $100,000 and you were 30% at fault, you will receive $70,000.
- Modified Comparative Negligence (The 50% Rule): This rule would bar someone from recovering any damages at all if they were found to be 50% or more at fault. If the plaintiff is partially at fault but less than 50%, their damages award will be reduced by their percentage of fault.
- Modified Comparative Negligence (The 51% Rule): This applies like the 50% rule, except here the plaintiff can recover damages so long as they were less than 51% at fault. This means that both parties could be equally at fault and the plaintiff will still be allowed to recover. Again, the amount of damages the plaintiff will receive will be reduced by the percentage of fault that is theirs.
Do I Need An Attorney For a Motor Vehicle Defect Claim?
As is the case with any legal dispute, a matter can become increasingly complicated rather quickly. Such situations are made even more stressful if you are also dealing with medical costs, serious injuries, and/or facing the prospect of losing your job. Hence, you should consider retaining the services of a local defective products lawyer if you want to take legal action against the manufacturer of your vehicle..
An experienced auto lawyer can review the facts of your situation and analyze whether your claim is strong enough to have a good chance of winning. Often the attorney will discuss the matter with an expert in the field.
Your auto defect attorney will serve as your advocate throughout every stage of your case. Additionally, if your case is successful, your attorney can make sure that you receive the full and fair compensation that you deserve.
