How to File an Accident-related Personal Injury or Wrongful Death Lawsuit That Was Caused by a Defective or Recalled Car, Truck, SUV, or Motorcycle
According to the National Highway Traffic Safety Administration (NHTSA), the agency has initiated approximately 400 million recalls due to defective auto parts, equipment, tires, and motor vehicle due to defective manufacturing. In 1966, the Federal government created the National Traffic and Motor Vehicle Safety Act to protect consumers from dangerous motor vehicle defects that could lead to serious accidents causing injuries, burns, and fatalities. In the past several years, safety advocates have been critical of the motor vehicle manufacturing industry, alleging the manufacturers’ resistance to warn their customers of dangerous defects and to take quick action to protect their customers.
Tens of thousands of lawsuits are filed against vehicle manufacturers seeking monetary damages for burns, personal injuries, and fatal injuries stemming from accidents caused by defective motor vehicles. Federal and state laws provide legal remedies for victims of defective motor vehicles. One legal remedy is to file a lawsuit to receive economic damages from one or more responsible parties. The responsible parties might include the auto manufacturer, the auto part manufacturer, part distributor, and many other companies connected to the safety defect.
All motor vehicles must meet the minimum Federal Motor Vehicle Safety standards. The safety standards concern motor vehicle parts such as fuel tanks, tires, brakes, lighting, structure, equipment that affects the vehicle’s safe operation, and equipment designed to protect drivers and passengers from serious injury when involved in an accident.
A motor vehicle is recalled when a motor vehicle or an auto part constitutes an unreasonable safety hazard or does not satisfy the minimum Federal Motor Vehicle Safety standards. An auto recall is initiated by the NHTSA after an investigation or by the motor vehicle’s manufacturer. The NHTSA states that most motor vehicle recalls are often initiated and corrected by the manufacturer upon finding that either the manufacturer’s motor vehicle or auto part is not in compliance with one or more Federal Motor Vehicle Safety Standards, or there is a safety-related defect within the motor vehicle or in a part of the vehicle’s equipment.
Non-safety defects such as typical wear and tear, fading, or cosmetic flaws do not typically initiate an auto recall. According to the NHTSA, a safety-related defect is a defect that poses an unreasonable safety risk to the driver and occupants of the motor vehicle. Safety-related defects may also affect an entire line of motor vehicles or auto parts and equipment used in several makes and models of motor vehicles.
For example, on November 23, 2020, GM announced a recall of 7 million trucks of various makes and models to replace dangerous Takata airbag inflators. The recall affected several GM truck and SUV models. In 2019, there were more than 950 compliance, and defect recalls that affected over 53,000,000 vehicles.
How to Recover Monetary Compensation After an Accident Caused by a Defective or Recalled Motor Vehicle
Beyond the property damage associated with accidents caused by defective motor vehicles, people who have been burned, injured, or lost a family member in an accident precipitated by a defective auto or auto part might be able to pursue justice and compensation by filing a product liability lawsuit. Parker Waichman LLP is a national law firm representing victims and families of those tragically killed in accidents.
If you or a member of your family have been injured or if you lost a loved one in an accident caused by a defective auto or auto part, it is important that you keep possession of the vehicle along with any defective car parts. This is important evidence for your product liability case. In a product liability case involving motor vehicles, the at-fault parties may include the manufacturer, wholesaler, retailer, and other parties who distribute defective or unsafe automobiles or products may be held liable for a plaintiff’s injuries.
In order for the plaintiff to prove their product liability case, the plaintiff’s attorney must prove that the vehicle or auto part in question was defective, that the defect caused the product to be unreasonably dangerous, and that defect caused the accident resulting in injury or death.
In a product liability lawsuit, there are three kinds of defects that give rise to liability in this type of lawsuit:
Design Defect – If a vehicle or vehicle part is inherently unsafe prior to manufacture, the product is alleged to have a design defect.
Manufacturing Defect – A defect is considered a manufacturing defect when there is no defect in the product, but the defect is created when the product is being assembled, manufactured, assembled, or shipped.
Marketing Defect – A marketing defect occurs when the product’s manufacturer, sellers, or distributors fail to warn purchasers of certain dangers connected with the product.
If you or a loved one have been harmed in an accident precipitated by a recalled or defective motor vehicle or auto part, take action quickly to protect your legal rights. In all 50 states, there are deadlines in which you may bring a personal injury or product liability lawsuit.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Were you or a loved one harmed by a defective motor vehicle?
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