Automobile Defects Lawsuit
Manufacturers, parts suppliers, and sellers of automobiles have a legal duty to ensure products are safe. When they don’t, people can be harmed in automobile accidents due to poor designs that lead to rollovers, malfunctioning brakes, airbags that don’t deploy, and other safety problems.
If a defective vehicle or part contributed to your crash and injuries, you may be eligible for an automobile defect lawsuit. If you do not qualify for a class action claim, you may have an individual case for damages. Justice starts with knowledge. Learn your rights today by contacting Class Action U.
Common Types of Automobile Defects
Automobile defects present a danger to everyone on the road. Some cause accidents, such as malfunctioning brakes. Others, such as defective airbags, make injuries worse or cause death.
Design Defects
Some vehicles pose a risk to consumers because of defects in how manufacturers designed them. Examples of these include:
- Rollover prone vehicles
- Vehicles lacking adequate roof and pillar strength
- Vehicles with inadequate crumple zones
Manufacturing Defects
Mistakes made while manufacturing vehicles and parts can also lead to defects that cause accidents. Some of these manufacturing defects include:
- Airbag defects
- Tire defects
- Brake failure
- Fuel system issues
- Faulty steering components
Marketing Defects
People who sell vehicles must warn consumers of potential risks. If they breach this duty, you can potentially pursue an automobile defect lawsuit. Examples of marketing defects include:
- Failure to warn about a known danger, such as a rollover risk.
- Inadequate safety instructions.
- Failure to notify about recalls.
Who Is Liable in an Automobile Defect Lawsuit?
Several parties may be liable in an automobile defect lawsuit. Many parties hold some responsibility for the safety of vehicles, starting from when manufacturers produce them to when a consumer gets the keys. Potentially liable parties include:
- Car manufacturers may be liable for damages if vehicle defects arise during design, assembly, and testing. Hiding poor safety testing results is a glaring example of a manufacturer failing to protect consumers from harm.
- Parts suppliers can be held liable in an automobile defect lawsuit for supplying defective parts. Parts manufacturers can also be on the hook for poor materials, designing faulty products, or insufficient testing of parts.
- Dealerships and distributors must keep consumers safe from defective products. They may be liable for selling faulty vehicles, performing improper repairs, or breaching warranties.
There may be more than one liable party in your lawsuit. For example, if a dealership sold you a vehicle with a defective part, the seller, car manufacturer, and parts supplier may be liable. By contrast, if you purchase a faulty part and add it to your vehicle, the car manufacturer is likely not responsible, but the part manufacturer may be.
Steps To Take if You Suspect a Defect
Your safety and well-being come first. If you suspect your vehicle has a defect that affects its safety, there are several steps you can take, including:
- Stop using the vehicle immediately.
- Check the National Highway Traffic Safety Administration (NHTSA) recall database using your vehicle identification number (VIN). You can also try a secondary search through your state Department of Motor Vehicles or the car manufacturer websites.
- Report the suspected defect to the manufacturer or dealer.
- Contact the NHTSA and report the safety problem.
- Consider taking legal action. An experienced class action lawyer can determine if the potential defect that caused your accident is related to a widespread problem that affects many people. They can also advise if an individual lawsuit is a better way forward.
- Gather evidence and documents for a possible lawsuit.
Pursuing an Automobile Defect Lawsuit
You may sue for damages in a lawsuit when a defective vehicle or part caused your accident and injuries. One option is a class action lawsuit. In these claims, multiple plaintiffs who experienced harm due to the same defective product file a lawsuit together to seek damages. If the defendant owes damages, they are split between the members who join the class action.
Compared to an individual lawsuit, the class action lawsuit process can be more efficient and save plaintiffs money. Instead of each plaintiff hiring their own attorney and pursuing settlement negotiations or a trial, an attorney files on behalf of the class. The person who initially hired an attorney to bring the automobile defect lawsuit is usually the lead plaintiff. However, the class action attorney may select another class member as the lead plaintiff if they have a particularly compelling case.
The Class Action Lawsuit Process
Each automobile accident case is unique, and you need an experienced attorney to tell you if you are eligible to join an existing class or start a new class action lawsuit. Steps in a class action include:
- Choosing a lawyer with experience in product liability claims.
- Investigation and initial case evaluation.
- Filing a lawsuit in the appropriate court and notifying the defendant.
- Class certification by a judge.
- Discovery, a process in which the parties exchange evidence.
- Settlement negotiations and trial preparation.
- Trial if the case does not settle.
- Notification of the settlement or verdict to class members.
- Final approval by the court.
- Distribution of the settlement or judgment.
What Evidence Is Needed
The evidence you need in an automobile defect lawsuit depends on the theory of liability underlying your claim. These theories include:
- Negligence – The defendant owed you a duty of care under the law, they breached that duty, the breach harmed you, and your harm caused damages.
- Strict liability – Manufacturers or sellers can be held responsible when defective products cause injuries, regardless of negligence or intent. If a product is inherently dangerous and users are harmed despite using it as intended, the manufacturer may be strictly liable for resulting injuries. This theory emphasizes consumer protection over fault.
- Breach of warranty – A breach of warranty claim is based on a product failing to meet implied or express assurances made by a seller or manufacturer regarding quality, safety, or performance.
Based on the laws in your jurisdiction and the facts of your case, your attorney will determine which legal theory provides the strongest basis for your claim.
Evidence in automobile defect lawsuits could include company records, statements from a mechanic certifying your vehicle or part was defective, and witness statements about your crash. Evidence that proves damages may include medical bills, wage statements, and testimony regarding your emotional distress.
Notable Automobile Defect Lawsuits
Notable cases involving automobile defect claims have resulted in criminal and civil penalties. In some cases, manufacturers are still issuing recalls for the affected vehicles. Prominent cases include:
- Takata airbag recall – Nineteen automakers recalled vehicles containing 67 million Taka airbags over the last decade. Defective inflators led some of these airbags to open explosively, resulting in at least 27 deaths and numerous injuries. The U.S. government claimed that Takata executives knew the airbags were defective and dangerous but hid that data. Takata pled guilty to a criminal charge and was fined $1 billion in criminal penalties.
- Volkswagen emissions scandal – In March 2016, the Federal Trade Commission accused Volkswagen of deceptively marketing cars as using clean diesel. Instead, the company illegally installed faulty emission monitors. Volkswagen settled the case, agreeing to compensate hundreds of thousands of consumers by either taking back their vehicles for full retail value or fixing their emissions systems. The company paid more than $9.5 billion to consumers.
- GM Ignition Switch Defect – Starting in 2014, GM recalled 2.6 million vehicles in the U.S. due to defective ignition switches. These switches could shut down suddenly, disabling power brakes, steering, and airbags. The company paid over $2.6 billion in settlements and penalties, including a $900 million criminal settlement and $120 million to vehicle owners for the lost value of their cars.
Hire an Automobile Defect Lawyer
If you were hurt or your loved one died due to a defective part or vehicle, a class action or individual automobile defect lawsuit may get you the compensation you deserve. Lawsuits can hold companies responsible for defective products and lead to life-saving changes.
Don’t leave money on the table. Contact us online to explore your class action options today. Class Action U can connect you with a skilled class action lawyer to discuss your case.
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