The aftermath of a car accident can be overwhelming. One way crash victims seek compensation is by filing a lawsuit against the liable party, but what if that party isn’t another driver? If a defect in a car caused your accident, the manufacturer might be held responsible.
According to the Society of Automotive Analysts’ 11th Annual Recall Summit, in 2023 there were 382 vehicle recalls affecting more than 33 million vehicles in the U.S. This growing trend shows how often a factory defect can occur. Being aware of potential defects can help you to better understand your rights if you encounter one.
If you’ve been injured in a car accident caused by a defect, you deserve clear, honest answers about your rights and the steps you can take. At Injury Law Pros in Hollywood, Florida, we work on a contingency fee basis, meaning our fee comes from your settlement, not your pocket.
Key Takeaways
- Defects in a vehicle’s design or production, such as faulty brakes, defective airbags, or steering issues, can lead to serious accidents and injuries.
- If a defect contributed to your accident, you may have grounds for a lawsuit under product liability laws.
- To build a strong case, gather evidence such as accident reports, photos, witness statements, and repair records to link the defect to your injuries.
- Lawsuits against manufacturers can be complicated, but compensation may cover medical bills, lost wages, property damage, and punitive damages.
What Are Car Manufacturer Defects?
A car manufacturer defect is a mistake made during the design or production of a vehicle. These errors can affect parts like brakes, airbags, or engines, and can result in accidents.
Common defects include:
- Faulty Brakes
- Defective Airbags
- Engine Malfunctions
- Steering Problems
Can I Sue a Car Manufacturer If a Defect Caused My Accident?
Yes, you can sue a car manufacturer if a defect played a role in your accident. The law recognizes that manufacturers have a duty to produce safe vehicles, and when a defect causes a crash, it might be grounds for a lawsuit.
In recent years, there has been a marked increase in product liability lawsuits related to motor vehicles. This pattern suggests that many accident victims are successfully holding manufacturers accountable.
Here’s what you need to know about suing a manufacturer:
- Establishing the Defect: You must show that the accident was caused by a flaw in the vehicle.
- Proving the Manufacturer’s Responsibility: It’s important to connect the defect directly to your injuries. This means gathering evidence like repair records or accident reports.
- Understanding Legal Grounds: Laws like product liability give you the right to hold manufacturers accountable if their product fails to meet safety standards.
What Evidence Do I Need to Prove My Case?
Showing that a defect caused your accident relies on strong, clear evidence. The more solid your proof, the easier it is to build a case against the manufacturer. Here’s the evidence you should focus on:
- Photos and Videos: Snap clear pictures of your vehicle’s damaged parts and any visible issues. If you can, record a short video that shows the problem.
- Accident Reports: These official documents detail what happened during the crash.
- Witness Statements: Collect accounts from people who saw the accident. Their observations can help confirm your version of events.
- Repair and Maintenance Records: Keep any receipts or documents that show when and how your car was serviced.
- Professional Opinions: A mechanic or automotive professional can inspect your car and explain how the defect contributed to the accident.
How to File a Liability Claim for My Accident
Here’s how to file a liability claim for your accident:
- Document Everything:
Write down what happened, take photos of your car, and keep copies of any reports. Your notes and images are the foundation of your claim. - Seek Medical Attention:
Even if injuries seem minor, getting checked out is important. Medical records protect your health and also serve as evidence of your injuries. - Report the Accident:
File a police report and notify your insurance company. These reports can help confirm the circumstances of the crash. - Gather Evidence:
Collect all the evidence discussed such as, photos, accident reports, witness statements, repair records, and professional opinions. - Consult a Lawyer:
Find an attorney who has experience with product liability or personal injury. They can explain your rights, assess your case, and guide you through the legal process. - File Your Claim:
With your lawyer’s help, prepare and submit your claim against the car manufacturer. This will include all the gathered evidence and details of your accident.
How long do I have to file a claim?
In Florida, you typically have four years from the date of injury to file a personal injury claim. However, timelines can vary by state. It’s important to note that this period may differ depending on the specifics of your case, such as claims related to property damage or wrongful death.
Acting early and consulting a lawyer as soon as possible is important to protect your right to seek compensation.
What Compensation Can I Expect?
If a defect caused your accident, you may be entitled to various forms of compensation. These legal remedies aim to cover your losses and help you move forward after the incident.
According to the Federal Trade Commission, Volkswagen and Porsche paid more than $9.5 billion to consumers in an emissions scandal settlement, showing how substantial compensation can be when manufacturers are held responsible. Such settlements aim to cover not only immediate losses but also long-term impacts.
Here are some forms of compensation you may be eligible to:
- Medical Expenses:
You can claim costs for hospital visits, treatments, medications, and any ongoing care needed for your injuries. - Lost Wages:
If your accident caused you to miss work, you might recover lost income, including future earnings if your ability to work is affected long-term. - Property Damage:
Compensation can cover the repair or replacement of your vehicle and other damaged property. - Pain and Suffering:
In some cases, you may receive compensation for physical pain, emotional distress, and a reduced quality of life. - Punitive Damages:
If the manufacturer’s negligence was extreme, punitive damages may be awarded to punish their misconduct and deter future issues.
Challenges in The Legal Process
Obstacles can occur in any legal process, especially when dealing with car manufacturer defects. Knowing what challenges you might encounter can help you to better prepare for them.
- Proving the Defect:
Manufacturers often argue that a defect didn’t cause your accident. Building a strong case means collecting detailed evidence that clearly links the defect to your injuries. - Complicated Legal Language:
Legal documents and processes can be confusing. Working with a lawyer who explains things in simple terms will help you understand your rights. - Delays in the Process:
Lawsuits can take time, and waiting for a resolution can be stressful. Stay patient and keep your records organized. Regular updates from your attorney can also ease the process. - Manufacturer Defenses:
Car companies may counter your claim with their own experts or data. Having independent assessments and clear, documented evidence makes it harder for them to dispute your case. - Financial Strain:
Legal processes can be costly, but many attorneys work on a contingency fee basis, meaning they only get paid if you win. This can ease the financial burden as you pursue your claim.
Take Control of Your Claim Today
If you’re ready to get the support and compensation you deserve, we’re here to help. At Injury Law Pros, our contingency fee structure and multilingual team are designed to keep your focus on recovery while we fight for your rights. Visit our contact page to speak with our team and start your journey toward justice today.