The aftermath of a car accident is often overwhelming. You have to deal with getting medical attention, evaluating property damage, recovering, and legal action, all while maintaining your daily responsibilities. A major way that victims of crashes obtain compensation is by filing a lawsuit or claim against the liable party. But what happens if the liable party is a company, not another driver? If a defect in a car caused your accident, you may be able to sue the manufacturer. Read on and speak with a San Mateo County, California motor vehicle accident lawyer for legal advice and representation.
Understanding Vehicle Defects and Product Liability
California residents involved in a collision they believe to be the result of a vehicle defect may have grounds to pursue legal action in accordance with product liability law. You may be entitled to compensation for medical costs, lost income, and other damages if your case meets legal requirements.
In California, vehicle defect injury claims are generally raised under strict product liability law, which allows consumers to hold manufacturers liable, even if the company did not act negligently.
What Is a Vehicle Defect?
- A defect makes a vehicle or part unreasonably dangerous when it is used as intended
- Defects can cause sudden and unexpected system failures that directly cause collisions
- Not all mechanical issues are considered defects, as normal wear and tear or driver misuse do not count as defects under product liability law
Most Common Types of Defects in California
- Design defects: It is possible that the design of the vehicle is inherently flawed even before it starts being built. If a car is designed in a way that makes it unsafe or does not account for certain dangers, there is no way that it can ever be safe, regardless of how it is constructed.
- Manufacturing defects: Manufacturing defects occur during the production process. If bad materials are used, the vehicles are not assembled properly, or other safety hazards arise, it could create problems and lead to accidents.
- Marketing defects: There can also be errors in how the product is marketed to consumers. There may be improper warnings or inadequate user instructions. If the vehicle lacks appropriate safety warnings about risks, it can result in user error or other defects.
Common Defective Car Parts That Can Cause Collisions
- Brake system failures
- Steering column malfunctions
- Fuel pump failures
- Seatbelt or door latch defects
- Tire malfunctions
- Airbag deployment failures
Who Is Liable for a Car Accident Caused by a Vehicle Defect?
Before filing a lawsuit, it’s necessary to understand who can face liability in the event of damages that result from a collision caused by a defective vehicle.
Potential Defendants
- Vehicle manufacturers are generally responsible for vehicle defects or systems they designed and assembled
- Parts manufacturers may face liability if a supplied part was defective and led to the collision
- Dealerships and distributors can face liability if they knowingly sell a defective vehicle
- Retailers and installers who knowingly sell or install defective aftermarket parts can face liability
How Does California Product Liability Law Apply to Car Defect Accidents?
In California, product liability claims adhere to state tort law, which generally includes all personal injury claims. However, because product liability law is generally more strict, manufacturers can face liability even if you cannot show they acted negligently.
Elements you Must Prove
To bring a lawsuit against a car manufacturer, you will have to demonstrate the following.
- That the defect existed when it left the manufacturer
- That the defect caused or contributed to the accident
- That you suffered injuries or damage as a result of the accident
What Compensation Might Be Available?
If you have suffered injuries and subsequent damages due to a defective car part in San Mateo or the surrounding area, it’s critical to understand the compensation you may be entitled to. Most commonly, these damages include both economic and non-economic damages, such as the following:
- Medical expenses
- Future medical care
- Lost income
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional damages
- Permanent Disability
What Should You Do After a Suspected Defect-Caused Crash in California?
In the event you are injured in a collision, you believe to be the result of a vehicle defect, the steps you take can drastically impact the outcome of your claim. As such, it is imperative to remain as calm as possible while at the scene to protect yourself and your right to compensation.
Immediate Steps
- Call 911 to request police and medical assistance
- Seek medical treatment, even if you feel fine or injuries appear minor
- Gather contact and insurance information for the other driver involved
- Take photos and videos of the collision, including the suspected defect
- Report the defect to the NHTSA’s safety defect reporting system
- Preserve all repair, maintenance, and vehicle history records
- Check for recalls and keep copies if any have been issued for your vehicle
Contact a San Mateo County Car Accident Attorney Today
If you have suffered injuries as a result of a defective vehicle, it is in your best interest to connect with an experienced personal injury attorney with the Law Offices of Allister R. Liao, P.C. With our help, you can gather the relevant information and evidence necessary to prove product liability and be awarded compensation. Claims involving vehicle defects in San Mateo County may require filing a claim in California civil court, and may involve techn.ical expert analysis of the defective condition. Reach out to an experienced attorney with our firm today to secure experienced legal counsel.