Defective Vehicle Lawsuit In 2024: What You Should Know
Sometimes, it’s hard to know exactly what happened in the moments before a crash. This is why most people call a personal injury lawyer to conduct a thorough investigation. If you have been injured or suffered other kinds of damages because of a defective car, truck, SUV, motorcycle, ATV, or other motor vehicles (or vehicle part), you could file a defective vehicle lawsuit In 2024 to get the maximum compensation you deserve.
Defective vehicle claim latest updates
According to the latest data from Jury Verdict Research, the average settlement in a vehicle defects lawsuit is $3.6 million. This reflects the average defective vehicle lawsuit settlement amount that is paid out to plaintiffs in severe types of these cases.
However, the settlements vary from case to case and range from a few thousand dollars to more than $100 million. In addition, the most common factor that affects the amount of a settlement is the severity of the defect.
Types of product liability claims that involve motor vehicles
Product liability claims involving motor vehicles generally come in two varieties:
These involve vehicles or parts that are properly manufactured but have an unreasonably dangerous design, leading to injuries or other damages. Unfortunately, these cases involve vehicles or parts that have been on the market for some time before they are discovered dangerous.
These involve vehicles or vehicle parts that have been improperly manufactured in some way. This may result from an error at the manufacturing facility where the vehicle or part was made or a problem during shipping or at the dealership or supply.
Vehicle defects that cause accidents
A vehicle is supposed to give its driver or operator the power to avoid accidents. They should be stable, maneuverable, and have an efficient brake system to avoid obstacles. However, many vehicles have a defective design which may lead to accidents. Examples of defects that give rise to defective vehicle lawsuits include:
- Airbags that inflate unexpectedly, causing the car accident.
- Brakes that tend to fail or stick.
- Jet skies whose speed and maneuverability pose risks.
- SUVs are more likely to be involved in rollover accidents, primarily due to their higher center of gravity and narrow wheel track.
- Spontaneous acceleration events in cars.
These defects significantly increase your risk of injury or death in the vehicle.
Vehicle defects that cause injuries
A vehicle is supposed to protect its users in case of a reasonably foreseeable accident. Unfortunately, in some cases, cars increase your risk of injury in an accident. Examples of these vehicle defects include:
- ATVs designed with passenger areas that are inadequate to protect riders from rollovers.
- Cars with defective seat belts that fail to protect in a car accident.
- Fuel tanks that tend to be punctured or can catch fire in accidents.
- Headrests in cars that can increase your risk of whiplash injury.
These defects can turn a minor accident into one where you suffer serious injury. It may even lead to the death of passengers or drivers in the vehicle. Therefore, it’s better to hire a defective vehicle attorney that can guide you throughout the whole procedure of your claim.
Legal remedies for a defective motor vehicle
The legal remedy you have depends on the type of defect on the vehicle.
It means the defect was present before the vehicle was even manufactured or assembled.
It means that the product has become dangerous, unfit, or unsafe for use due to the way it was constructed or assembled.
It means that the manufacturer failed to include a correct warning and information about the dangers linked with the use of the vehicle.
The potential defendants in your case
Those looking to file a case must identify and include all potential defendants in the defective vehicle lawsuit. In cases involving motor vehicles, the chain of distribution usually includes the following types of defendants.
In motor vehicle defect lawsuits involving motor vehicles, the manufacturer is typically the large company that produces the vehicle as a whole. Being a large company means it has more money to compensate you for your injuries. However, it also usually means that it will be able to hire a team of high-priced lawyers to protect them.
If your defective vehicle lawsuit claim involves a defective part, such as the tires or the battery, it’s important to include the manufacturer of that part if it is a separate company from the vehicle manufacturer. But don’t worry – you are allowed to sue both the vehicle manufacturer and the manufacturer of the defective.
Whoever sold the vehicle or the specific defective part can be held liable for the damages you sustained, even if you are not the actual buyer of the vehicle.
Any company, including the middlemen or shipper, that was part of the chain of distribution between the manufacturer of the defective vehicle or part and the dealership or other retailer where it was sold can be sued for the damages.
Even if the vehicle involved in your case was already used when bought, the dealer who sold it could be sued in certain vehicle defect cases. Nevertheless, it is a developing area of the law and may vary from state to state according to the specific circumstances of your defective vehicle lawsuit.
Compensation for defective vehicle lawsuit
You can generally recover the following as long as you have evidence to support your claim:
- Lost wages.
- Medical expenses.
- Property damage.
- Wrongful death.
Steps to file defective vehicle lawsuit
In summary, here are the steps to filing a suit involving a defective automobile:
- Seek immediate medical attention.
- Gather all the evidence that can help you win your case.
- Keep proper medical records with you as these play a great role in making a strong case.
- Check for recalls.
- Check out whether your car is a lemon or not.
- Consider filing a product liability suit.
Hire the top defective vehicle lawyers to recover maximum compensation from your lawsuit
What to do if the defective vehicle does not belong to you?
Even if the defective vehicle involved in your case did not belong to you, you might still get a fair defective vehicle settlement for your claim. For instance, if you borrowed someone else’s defective motor vehicle or were injured by a defective vehicle driven by another driver, you have the right to get a valid claim. You should include any of the types of defendants discussed above.
What to do if what’s involved is a product liability claim and a traffic accident claim?
If you were involved in a traffic accident where the other driver was driving a defective motor vehicle, you are allowed to file a product liability claim against the manufacturer. In addition, you can file a negligent driving claim against the other driver.
Why hire Ethen Ostroff Law?
For a successful defective vehicle lawsuit, the victim needs the support and assistance of a skilled and experienced lawyer. At Ethen Ostroff Law, we can give you access to some of the most experienced and skilled defective vehicle attorneys across Pennsylvania.
Ethen Ostroff Law works closely with clients to prove all elements of negligence and gather sufficient evidence for settlement negotiations and trial. Together with the best defective vehicle lawyers in Philadelphia, we will help you get fair and full compensation for your damage and injuries. Call 610-510-8883 or contact us online to schedule a free consultation today.