Motor vehicle accident lawsuits typically focus on negligence, but not all accidents are caused by negligent drivers. Some are caused by defective vehicles, in which case your lawsuit is a product liability suit. If you were driving the defective vehicle, it may initially appear that you were to blame for the accident when you were not. It is also possible for an accident or injuries to be caused by both a negligent driver and a defective vehicle.
Any type of motor vehicle accident can be caused by a defective vehicle including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- ATV accidents
- RV accidents
- Bus accidents
Common Defects Which Cause Accidents
Some of the common defects leading to accidents include:
- Design flaws leading to rollover
- Faulty tires
- Defects leading to unintended acceleration
- Steering system defects
- Brake system defects
- Fuel system defects
- Faulty air bag sensor leading to inappropriate deployment
- Faulty suspension
- Other faulty sensors
- Faulty electronic stability control (ESC)
- Faulty commercial truck underride protection
- Improper advertising, such as ATV’s with a high rollover risk portrayed as appropriate for uneven terrain
- Lack of warning labels
Common Defects which Cause Injuries in an Accident
Some defects can cause injuries or make injuries worse in the event of an accident, even when they do not cause the accident. These are referred to as “crashworthiness” defects and include:
- Defective seat belt
- Defective airbag
- Poor roof crush resistance
- Faulty door latch
- Collapsing seat back
- Faulty head rest
- Fuel system defect, including poor design, leading to fuel-fed fire
Responsible Parties
You cannot bring a lawsuit without naming the defendants. There can be multiple responsible parties in a defective vehicle lawsuit including:
- Vehicle manufacturer
- Parts manufacturer
- Dealership
- Parts supplier
- Rental company
- Repair shop
- Vehicle shipper
How A Defective Vehicle can Change the Nature of your Case
In a product liability lawsuit it is not always necessary to prove negligence. Under strict liability you must prove that the product was unreasonably dangerous, you used the product as it was intended to be used, and the defect caused your injury.
In many states the time limit for filing your lawsuit, called the statute of limitations, is not the same for product liability as it is for driver negligence. There may also be special conditions which apply to the statute of limitations such as how long you owned the defective vehicle or part, and when you discovered that your injuries were caused by the defect.
There may be an existing class action lawsuit which you can join. Class action suits are common when there has been a large recall due to a known defect. There are advantages and disadvantages to joining a class action vs. pursuing an independent lawsuit. Your motor vehicle accident attorney can help you decide the best course based on your unique circumstances.