Auto Defect Lawsuit In 2024 - Complete Guide
If you figured in an auto accident caused by a defect with the vehicle you were driving or riding, your case would fall into the “product liability” category of the law. Filing an auto defect lawsuit will help you get fair compensation for damages and losses.
Road crashes are the 8th leading cause of death among people aged 5 to 29 and the 2nd leading cause of death among young people and teen drivers. Around 10% of the accidents are caused by auto defects, including faulty parts or malfunctioning electrical systems. Auto defect accidents are the worst nightmare of every driver. The U.S has one of the highest rates of car ownership per person in the world.
The good news for plaintiffs in such defective vehicle lawsuits is that they stand a very good chance to get recovery for punitive damages. Often these damages awarded are used to dissuade vehicle manufacturers from using cost-benefit analyses that don’t factor-in human safety.
Product liability cases you must know
This type of lawsuit is different from regular car accident lawsuits in many ways. For starters, in product liability cases, you can argue that the vehicle had some defect that resulted in the accident. An auto defect litigation can either be due to a design or a manufacturing defect.
1. Design defect
In a design defect, the case involves a design in the automobile or one of its components that has caused an accident and can potentially cause more. These types of cases refer to the design as an inherent threat to the safety of the general public. Thus, it holds the company that issued the automobile with this defect as the responsible party.
2. Manufacturing defect
A manufacturing defect refers to a defect found in the making of a batch or individual models of the automobile involved in the accident. It must depict that a component was missing or that the vehicle had been improperly assembled during the manufacturing process.
The defendant in these cases will be the car manufacturer/assembling company. Choosing top lawyers like Ethen Ostroff will help you get a desirable auto defect lawsuit compensation with less hassle.
Most common injuries in auto defect lawsuit
Injuries resulting from auto defects can range from minor to grave. Some of these injuries include:
- Traumatic brain injury (TBI).
- Wrongful death.
- Spinal cord injuries, including partial or total paralysis, whether temporary or permanent.
- Whiplash and nerve injuries.
- Internal injuries, including bruised, damaged, or lacerated organs.
- Crush injuries.
- Facial injuries, eye injuries, dental injuries, and scarring.
- Broken bones.
- Torn ligaments.
- Dislocated joints or deranged joints.
- Cuts and lacerations.
- Muscle strain or sprain.
Car defect terms you must know
Understanding the following concepts could help make your case stronger:
Crashworthiness:
It’s the ability of a vehicle to protect the occupants in any collision.
Defect:
Although any problem with a vehicle may technically be considered a defect, an auto defect lawsuit is typically related to defects in systems that support the vehicle’s safe operation, such as braking, acceleration, and steering. These systems are designed to protect the vehicle’s occupants, such as airbags and seatbelts.
Lemon:
This term refers to a car that has gone through various repair attempts but still remains unfit to drive.
Recall:
A notice from a manufacturer that a product already on the market contains various defects that need to be repaired.
Strict Liability:
It’s a legal theory stating that an automobile has a defect, the manufacturer or dealership is considered liable for all the damages in an auto defect lawsuit claim even if they did nothing wrong or the injury was unintentional.
Warranty:
This refers to a seller’s promise that the vehicles they sell are safe to operate.
What should you never do after your accident?
If you get involved in a car accident, here are some things to remember to protect your rights and interest:
- Do not admit fault or any wrongdoing. You should also not apologize since that can be understood to be an admission of guilt.
- Do not guess or assume facts when providing detailed information to a police officer.
- Do not delay medical treatment as it might increase the risk of your injuries.
- Do not give statements to insurance companies or their representatives until you have consulted an experienced law firm.
- Do not accept any auto defect lawsuit settlement offers or settlement agreements without consulting a skilled and experienced lawyer first.
Vehicle defect laws vary per state
Motor vehicle defect law is a mix of state and federal laws. It is a part of consumer protection law that deals with cars, trucks, motorcycles, and other vehicles. The National Highway Traffic Safety Administration (NHTSA) is a department of the federal government that issues guidelines regarding vehicle safety that most manufacturers and dealerships must follow religiously and comply with. It will also keep a searchable database of safety issues and recalls.
For instance, every vehicle manufacturer and dealership warrants to its consumers that the cars they sell are safe to drive. However, not every car sold is safe to drive. If some designer made a poor choice or some mistake was made in the manufacturing process, drivers could be operating vehicles that contain deadly defects.
Many states issue additional safety regulations in addition to federal regulations. State laws control the legal procedure for addressing vehicle defects. Therefore, discussing your motor vehicle defect-related issue with a local attorney is critical in understanding your state’s rules and regulations. Ethen Ostroff Law can help you locate a motor vehicle defect attorney near you who can protect your interest and uphold your rights. Call Ethen today at 610-510-8883.
Why do you need an auto defect lawyer?
If you have been in a car accident, you may be asking yourself whether you need to hire an auto defect lawyer or not. If you have suffered an injury caused by auto defects, consulting a skilled and experienced lawyer is your best decision. It’s because even accidents that looked minor at first can later prove to be complicated.
A car defect accident just happened; you may still be in shock and unaware of any injuries. It will take time to appear, and when they do, they can cause severe pain and complications. In these types of situations, it is essential to have a licensed auto defect attorney by your side.
Doesn’t matter whether you are struggling with a defective vehicle, are already part of legal action that results in a lawsuit settlement, or want to proceed with an individual claim under the lemon law. Expert auto defects lawyers will help you feel confident that the legal system has the structure in place to protect your rights.
Additionally, insurance companies will do everything they can to lessen your claim, regardless of the extent of your injuries. Sometimes, the other person involved in the accident will dispute who is to blame. These situations can and do arise. Let an auto defect lawyer represent you and handle the negotiation and litigation for you.
Call Ethen Ostroff Law for a FREE review of your case.
Filing an auto defect lawsuit for your car accident claim can be complicated. It requires a significant amount of skills and experience to prove your case and right to full compensation. Ethen Ostroff Law knows the workings of insurance companies and the other side’s tactics. We confronted them all before, and we know how to counteract them.
If you have a defective vehicle and want to know more about your rights and legal options, contact a qualified motor auto defect lawyer through Ethen Ostroff Law. What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.
