Automobile Defects
Motor Vehicle Defects - An Overview
Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or manufactured vehicles can be dangerous, and can cause serious injury or death.
Responsibility for Defective Motor Vehicles
The rules about who is responsible for a defective motor vehicle and what must be proven in court to hold them liable, vary from state to state. In most states, the parties who may be held liable include:
- The vehicle manufacturer;
- The manufacturer of the defective component parts (for example, tires, hoses, etc.);
- The dealer, if the vehicle was purchased form a dealer
A party may be held liable for several different reasons. The three most common reasons for holding someone liable are breach of warranty, negligence, and strict liability.
The Concept of "Crashworthiness"
The most important concept in vehicle defect liability cases is "crashworthiness." Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision. During a collision, a vehicle's occupants are subject to a number of forces that can result in injury, including rapid deceleration and rapid acceleration, depending on the direction of impact in the collision. Crashworthiness deals mostly with the "second collision" that results from these forces, where the driver and passengers collide with the interior of the vehicle. An effective crashworthy vehicle design will distribute these injurious forces over as great a period of time and distance as possible, including by directing them to parts of the body that are more capable of withstanding them.
Elements of a Motor Vehicle Defect Claim
Unlike an ordinary personal injury claim for negligence, in order to establish a vehicle manufacturer or seller's liability for a vehicle defect, you do not need to show that they were careless, and that their carelessness led to your accident or injury. Instead, liability in motor vehicle defect cases is controlled by the doctrine of strict liability.
Vehicle Safety & Restraint Devices
Vehicle safety is a significant consideration, both in terms of liability for injuries resulting from automobile accidents, and when the average consumer is shopping for a new car. Every new passenger vehicle must meet federal standards specifying minimum safety levels, but this doesn't mean that all cars are equally safe. There are still important safety differences. Identifying the safest car n the road is impossible, but it is possible to shop for a safer car, since some vehicle characteristics are inherently safer than others, and many automakers offer safety features beyond the minimum requirements.
Motor Vehicle Defects RECALLS
One of the most common vehicle defect issues faced by the public is that of safety recalls of a motor vehicle. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration or the vehicle manufacturers themselves. Safety recalls are usually issued in response to a defect that has been discovered in a vehicle or a component of that vehicle. It is therefore very important to understand the procedure that is followed in vehicle recalls and the respective responsibilities of those involved.
Robert D. Erney will be happy to discuss your potential motor vehicle defect claim with you.
