Imagine you are involved in a car accident and the airbag fails to deploy, causing you to become injured. Or what if your vehicle’s brakes malfunction and you rear-end the car in front of you. It’s more common than you may think. The truth is that motor vehicle defects occur all of the time. Since 1966, when the National Highway Traffic Safety Administration (NHTSA) was authorized to issue vehicle safety standards and require manufacturers to recall vehicles that fail to meet those standards, 390 million vehicles, 46 million tires, 66 million component parts, and 42 million child safety seats have been recalled.
What Can Citizens Do If They are Injured from an Accident due to a Motor Vehicle Defect?
If you are injured in an auto accident due to a defective vehicle, you may be able to file a products liability claim and seek compensation for medical bills, lost wages, pain and suffering, compensation toward any permanent bodily injury, and many others.
Products liability claims due to a motor vehicle defect will typically fall into two categories:
- Defectively Manufactured Vehicle or Component Part
This type of defect typically occurs when a vehicle or part deviates from the original design. If it had been produced as designed, the vehicle or part would not have been defective.
- Unreasonably Dangerous Vehicle Design
This type of defect stems from the original design of the vehicle and/or part. Even if properly produced, there is an inherently dangerous design which ultimately causes injury or other damage.
Depending upon your specific accident/claim, there are several “defendants” you should identify when considering a products liability claim. For example, you should identify the vehicle manufacturer, parts manufacturer, car dealership, auto supply shop, shipping company, and used car dealer. Essentially, all entities involved in the chain of distribution should be considered potential defendants.
Automobile manufacturers may voluntarily recall or be forced to issue a recall if they find a defect in their product. Unfortunately, defects are often only found after an adverse event such as a motor vehicle accident. It is important to seek counsel from an auto accident attorney as soon as possible to determine what remedies are available.
The law varies state-by-state with regard to remedies, so you should speak with an attorney who is licensed and familiar with the laws of your state. If you live in the state of New Jersey, consult with the auto accident attorneys at Hyberg, White & Mann by calling (609) 407-1000 or visiting www.hwmlaw.com. Your initial consultation is free and you will not pay any attorney’s fees unless they secure compensation on your behalf.
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