A car accident lawyer typically works to prove negligence, but the gears may shift a bit when defective car parts are to blame for a wreck. A malfunctioning vehicle part that causes injury represents a product liability case. Instead of filing a claim with an automobile insurance company, you will seek damages from a manufacturer.

 

Not All Recalls Result in Repairs

Human error and bad road conditions account for the majority of automobile accidents, but defective parts cause many injuries as well. Automotive manufacturers work with the National Highway Traffic Safety Administration to issue recalls to alert vehicle owners of problems. In 2020, the NHTSA issued close to 900 safety recalls that applied to 55 million vehicles.

 

These recalls enable people to get repairs free of cost. However, the agency admits that only about 75% of recalled vehicles in any year receive the necessary service and part replacements mandated by the recalls. The remaining 25% of recalled vehicles remain on the road. Owners may not know about the recall or have yet to schedule the service at a dealership.

 

Furthermore, you may have experienced an accident due to defects that have not yet resulted in a safety recall. Many complaints and reports need to trickle into manufacturers and the NHTSA to trigger a recall in the first place. A personal injury lawyer may have more experience spotting an accident that looks like the result of a defect instead of driver error. A defective car part case will require a different angle of investigation than a typical crash caused by an at-fault driver.

 

What to Do When You Suspect Car Defects Caused a Crash

 

Your accident may seem immediately strange, especially if your vehicle accelerated uncontrollably or an airbag deployed when it should not have. Perhaps you were in a “normal” accident, but something out of the ordinary occurred that caused excessive injuries, such as a gas tank fire or seat belt failure.

 

There is also the scenario in which your vehicle is not defective but the vehicle that hit you is. The other driver may have told you that the vehicle performed erratically. No matter the circumstances, your steps after the crash will resemble what you normally do after any car accident.

 

You or someone else will need to:

 

• Collect evidence, such as pictures of the accident scene, damage, and your injuries
• Record witness statements on your phone along with their contact information
• Exchange contact and insurance information with the other driver
• Delay car repairs until a specialist can evaluate it for a defect
• Check for recall notices on the vehicle or vehicles involved
• Consult a car accident lawyer

 

Car accident lawyers Las Vegas need hard evidence to prove a product liability case. A lawyer can connect you with an automotive specialist who can inspect the vehicle for evidence of a defect.

 

When you want to see if a safety recall is in effect for your vehicle or the vehicle that hit you, search by VIN at https://www.nhtsa.gov/recalls.

 

Manufacturing Defects and Strict Liability

Vehicle defects arise from design flaws or manufacturing defects. A design flaw or defect makes the part inherently dangerous regardless of the expertise and care put into its manufacture. A manufacturing defect in contrast may happen even when a part has a safe design, but something went wrong during manufacturing.

 

When car accident lawyers Las Vegas represent victims of defective auto parts or software, they usually do not need to prove that anyone in the supply chain was negligent although that could happen. A case could include allegations of negligence on top of product liability. However, most cases proceed under the concept of strict liability for the product. The entities involved in the making of the vehicle likely intended to produce safe goods, but they remain strictly liable for failures anyway.

 

Common Car Defects That Cause Harm

Dangerous defects tend to involve systems critical for vehicle control or protecting you if a crash occurs.

 

Vehicle defects associated with the most injuries are:

 

• Airbag failures or malfunctions
• Brake failures
• Seat belt defects
• Electronic control unit errors that cause sudden unintended acceleration
• Software bugs in driver assistive braking, cruising, or parking systems

 

As you may well know, failures of this nature can result in serious injuries and death. Documenting the defect with the aid of a personal injury lawyer could allow you to collect compensation for lost income, medical expenses, or wrongful death.

 

Defective Auto Parts Claims May Be Defended Rigorously

A primary challenge in your case will be identifying the responsible party or parties. One or more parts manufacturing companies, the assembly plant, or sometimes even a dealership may be liable for your injuries. These large, often multinational companies, will employ dedicated legal teams that litigate claims of your nature. You may be up against an organization less inclined to settle than even an automobile insurer.

 

 

Personal Injury Lawyers in Las Vegas Ready to Evaluate Your Case

 

The pain and stress of a car accident can leave you feeling like your life is in disarray. At Moss Berg Injury Lawyers, we can advise you on what to do next. We understand the issues that confront you and can initiate a thorough investigation of defective auto parts. Contact us today to schedule a free consultation.