When a person buys a car, they expect that the vehicle was manufactured in a way that will provide safety for the driver and passengers. Often this is true. The majority of motor vehicles in the United States are safely designed and carefully manufactured. Some, however, are poorly designed or made. Vehicles that are not carefully constructed and designed can cause serious injury.

Motor vehicle defect cases include claims involving not only passenger automobiles, but also motorcycles, trucks, and vans. Claims may be based on defects in the body and frame, brakes and braking system, cooling and temperature control system, electrical system, engine assembly, exhaust system, fuel system, lubrication system, passenger compartment, steering and suspension systems, transmission and drive train, and other parts and accessories. Other common problems involve defective tires and wheel rims. Further many accidents occur because improperly designed SUV’s roll over.

Even when a crash occurs that is not caused by a defective part, the resulting injuries may be greatly enhanced because a car is not “crashworthy.” For example, a vehicle may be struck in such a way that it begins to roll. This roll is not the result of a defective part; however, if during the roll the doors fly open and the people in the car are injured more severely because the door latch was defective, the manufacturer of the car or the latch may be liable for the enhanced injuries.

Responsibility for Defective Motor Vehicles

The party that may be held responsible for a defective motor vehicle and what must be proven to establish liability varies from state to state. In most states, the parties who may held liable include the vehicle manufacturer, the manufacturer of specific parts which were defective or the car dealer.

Parties may be held liable for a number of different legal reasons. Sometimes, a party is held liable for breach of warranty. Other times, a party may be held liable under a theory of negligence or of strict liability. Which claim best fits a particular lawsuit is determined by the attorney after he or she considers the facts of the case.

A manufacturer or vehicle dealer can sometimes be held liable for breach of warranty if the vehicle is not safe to be operated in the way intended. A breach of warranty may also occur if the vehicle was designed poorly, assembled poorly or if some of the components installed on the vehicle failed to perform as they should have. Breach of warranty claims are not always an option in a lawsuit because it is sometimes possible for a seller and buyer to disclaim the warranties at the time the vehicle is purchased. An attorney can determine if this has occurred by looking at all the documents involved in the sales transaction.

A negligence claim may be pursued against a manufacturer or a dealer if the vehicle was not manufactured carefully, if the design was not defective or if the components installed in the car were inadequate or poorly installed. Negligence may also apply if a vehicle was marketed improperly to customers.

Strict liability is a theory that holds a party accountable for a vehicle which is unsafe. Regardless of what steps a manufacturer or dealer takes in designing, assembling, or handling a motor vehicle, you may be able to establish a strict liability claim based on a motor vehicle defect — without making any showing as to carelessness — if all three of the following conditions exist:

1) The vehicle or one of its components had an “unreasonably dangerous” defect that injured you. The defect can come into existence either in the design of the vehicle, during manufacture, during handling or shipment (i.e. delivery from the manufacturer), or through a failure to warn consumers of a dangerous aspect of the vehicle.

2) The defect caused an injury while the vehicle was being used in a way that it was intended to be used. For example, you may not be able to recover if a sports sedan were used to cross a stream, and

3) The vehicle had not been substantially changed from the condition in which it was originally sold. “Substantially” means in a way that affects how the vehicle performs.

Punitive Damages

Punitive damages awards are above and beyond damages to compensate a plaintiff for his or her injuries. Punitive damages are intended to punish vehicle manufacturers and encourage them to fix inherent defects in vehicle designs that have resulted in injury. Punitive damages are not awarded in all cases.

Simon Passanante Is Experienced in Handling Cases Involving Vehicle Defect Injuries

Bringing an action for injuries caused by a defective motor vehicle, like most product liability cases, is complex and can require a great deal of time and resources. In order to successfully pursue a defective vehicle claim, a firm must have knowledgeable attorneys as well as an understanding of the technical principles that are involved in the manufacturing of a motor vehicle. At Simon Passanante we have the experience and resources necessary to successfully handle a defective motor vehicle claim.

Types of Vehicle Defect Cases Handled by Simon Passanante

Tires / rims / wheels / tread separation
Roll-overs
Crashworthiness
Seat belt
Air bag
Improperly mounted gas tanks
Defective fuel injectors
Crush injuries from automatic doors & seats
Defective power systems (e.g., “sudden park to reverse”)
Faulty brakes

For more information on the product liability cases, click here. For more information about motor vehicle accidents, click here. For information focusing on truck accidents, click here.

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Please note that until we have reviewed and entered into a written representation agreement with you, no attorney-client relationship is established. We will nonetheless keep all information you send us confidential.

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