When you get behind the wheel, you expect everything to work as it should. You expect the airbag to deflate properly if you’re involved in a collision. You expect your car’s tires to maintain their structure and keep you safe. Yet, vehicle recalls are a common occurrence, with certain design or manufacturing defects leading to car accidents with severe injuries.
Rosenfeld Injury Lawyers represents individuals who have been wrongly injured due to defective car parts. If you or a loved one suffered injuries from a manufacturer error or defective design, you may be eligible for compensation through a personal injury lawsuit. Our attorneys work hard to determine liability in such cases and fight for the compensation you deserve.
Common Motor Vehicle Defects
Automotive defects are issues with a vehicle’s design or manufacturing process. Eligible automotive product defect claims typically include one of the following.
Airbag Defects
A design flaw or improperly working airbag can lead to severe injuries following a car crash. Defective airbags may include a failure to deploy or overly aggressive activation. A total of 67 million airbags have been recently recalled due to design defects in the inflator [1].
Tire Defects
Tire defects can cause a vehicle to lose control, leading to multiple injured passengers. Some tire manufacturing defects may lead to thread separation, belt separation, irregular tire rotations, or damage during installation. Thousands of tires are recalled each year [2].
Car Seat Defects
Car seats can also be defective, with seatback failure being one of the most common vehicle defects. Defective seat belts that don’t work as designed can also lead to injuries if the vehicle is involved in a car accident.
What to Do After an Injury Caused By a Motor Vehicle Defect
Immediate medical care should follow an auto accident. However, you will also want to take certain steps following an injury by a motor vehicle defect to protect your legal rights. Here are a few key steps to take following a defective car crash:
- Call the local police: Call the local police and report the accident immediately. Request a copy of the police report.
- Receive medical care: Receive medical care as soon as possible following a car accident involving defective parts. Defective vehicles often lead to severe injuries, which require prompt care.
- Capture time-sensitive evidence: An injury case requires certain key pieces of evidence, some of which are time-sensitive. Try to capture photographs or videos from the scene of the accident. Request the contact information of any witnesses.
- Contact an auto defect attorney: Contact a car defect attorney as quickly as possible following a defective car accident. Defective vehicle cases require in-depth investigation.
Who to Contact for Vehicle Defect Claims and Recalls
Reporting vehicle defects is important to document your case and ensure the safety of other drivers and passengers. Additionally, a lawyer can help navigate your claim.
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA) is in charge of tracking car defects and recalls. Drivers can also use the NHTSA database to check for vehicle, car seat, tire, or seat belt recalls. Reporting the potential manufacturer defect to the NHTSA opens an investigation, potentially leading to a recall.
Easily report a potential automotive deflect to the NHTSA by inputting your vehicle or tire information. You’ll need the Vehicle Identification Number (VIN) and any documentation that can further prove your claim. Click ‘Start Form’ and input details about the incident. If you’re working with a lawyer, they may handle reporting on your behalf.
A Defective Motor Vehicle Lawyer
Product liability claims allow you to recover compensation for your damages following negligence. Working with Rosenfeld Injury Lawyers can help build a successful case against the responsible party. Our attorneys help consumers determine responsibility, investigate the claim, and collect necessary compensation.
The Role of a Motor Vehicle Defect Attorney
A motor vehicle defect lawyer can be valuable to your case from start to finish. First, your legal team will investigate the crash to determine liability. We will collect necessary evidence to establish liability, including photographs, videos, and witness statements. We will reach out to and work with expert witnesses as needed to identify manufacturer errors or negligence.
Many product liability cases are settled outside of court, and our experienced legal team works to negotiate a fair settlement that appropriately covers your damages. If the insurance company is unwilling to offer a fair settlement, our product defect attorneys will prepare to take your case to trial.
The Cost of Hiring an Auto Defect Lawyer
The cost of hiring a defective vehicle attorney varies, depending on many factors. At Rosenfeld Injury Lawyers, we understand the difficult financial position many of our clients are in while navigating a product liability case. That’s why we work on a contingency fee basis, which means you don’t owe us anything unless we win your case.
Common Injuries in Vehicle Defect Claims
Defective vehicles can lead to serious injuries, including the following:
- Broken bones
- Internal bleeding
- Spinal cord injuries
- Chemical burns
- Concussion
- Traumatic brain injury (TBI)
- Organ damage
- Head and neck injury
The injuries from defective car parts can be short- or long-term. Many injuries will require ongoing medical care or treatment and rehabilitative care. Some injuries may also be psychological in nature, including post-traumatic stress disorder (PTSD.) A lawsuit may be the best way to collect the funds you need to manage these injuries.
Liability and Negligence in a Defective Vehicle Lawsuit
An important part of product liability cases is to establish liability and prove negligence. In order to receive compensation, we must provide evidence that the vehicle manufacturer had a duty of care to the injured party and that they breached that duty. Our attorneys investigate your claim through photographs, videos, and witness statements.
We also employ certain investigation techniques, like recreating the accident scene. This allows us to determine what happened and whether or not the manufacturer is responsible.
Our product liability lawyers investigate the details of your case to establish liability. From here, we aim to prove the elements of product liability, which include the following:
- Duty of care: A product liability claim requires that we establish a duty of care. The automobile manufacturer maintains a duty of care when designing or manufacturing consumer vehicles.
- Breached duty of care: We must also prove the liable party breached that duty of care, which usually involves proving negligence. Negligence in a defective vehicle case may include proving safety-related defects the manufacturer knew about or proof of a lack of vehicle safety testing.
- Causation: Personal injury law requires us to demonstrate a correlation between the negligence and the injury. We must prove that the defect was the direct cause of the accident and sustained injury.
- Damages: Product liability claims must also involve damages that can be compensated through an injury claim. Automobile defects commonly cause life-changing injuries, which leave those involved with medical bills or lost wages.
Compensation a Defective Vehicle Lawyer Can Help You Recover
The primary goal of filing a lawsuit is to seek compensation to cover your damages. Injured victims can generally recover economic and non-economic damages, which include the following expenses.
Economic
Economic damages in a product liability personal injury case include the financial implications of the auto accident. Common economic damages include medical bills, lost wages, and diminished earning capacity. They may also include property repairs or the replacement of the damaged parts.
Non-Economic
Some injuries from defective cars are non-financial. Non-economic damages in a claim involving defective vehicle parts may include pain and suffering, mental anguish, counseling costs, and loss of enjoyment. Non-economic or psychological damages are just as important to your case as the financial costs.
Some defective vehicle cases may also include punitive damages. Punitive damages are additional sources of compensation designed to punish the manufacturers for wrongdoing. Manufacturers must undergo stringent safety testing while meeting strict safety protocols to avoid defective cars. When they don’t, they may be ordered to pay for more than economic and non-economic damages.
You Have Limited Time to File a Vehicle Defect Lawsuit
If you or a loved one were injured due to a defective part, you may be eligible to file a lawsuit. However, the state’s statute of limitations limits your right to pursue legal action.
When filing a claim related to property damage, you generally have five years to submit your case. For personal injury claims, the law typically requires filing within two years from the date of the accident, though this can vary by location.
Failing to file your defective part claim within this time limit will likely make you ineligible for compensation. It can take time to fully investigate your claim and collect the necessary evidence, making it important to consider your legal options with a defective car injury lawyer as soon as possible.
Contact an Automotive Defect Attorney Today!
If vehicle defects leave you or your loved one unable to work, you may benefit from a product liability claim. Filing a lawsuit against the liable party allows you to collect compensation for your damages.
Too many accidents occur due to manufacturer negligence, and Rosenfeld Injury Lawyers have the necessary experience to get you a fair settlement offer. Our law firm has successfully represented other clients injured in defective vehicles. We aim to seek justice for anything from driver negligence to defective brakes, steering components, windshield wipers, roof crush cases, and more. We work hard to get you the compensation you need and deserve during this time.
Call our law firm at (888) 424-5757 or fill out our online form.
Specific Cases We Handle
- AFFF Lawsuit Lawyers
- Airbag Failure Lawyer
- CooperSurgical IVF Contamination Lawsuit Lawyers
- Dangerous Drugs
- Defective Car Seat Lawyer
Resources: [1] Consumer Reports, [2] Consumer Affairs
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