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When Are Car Manufacturers At Fault for Auto Accidents One of the first questions asked following a car accident is who was at fault. One possible answer would be that the other driver wasn’t paying attention to the road, was texting on the phone, and was responsible for a three-car pileup. But how often do drivers say that the accident occurred due to a car manufacturer defect? Drivers expect their vehicles to be safe from design and manufacturer defects. Unfortunately, vehicle manufacturers fail to do proper testing, poorly design vehicles, and then sell them to unsuspecting consumers. So what obligations do car manufacturers have? If injured in a defective automobile, call a Los Angeles auto accident lawyer for help and advice.
Auto Manufacturers Have Safety Obligations The National Highway and Traffic Safety Administration (NHTSA) minimizes vehicle crashes, saves lives, and prevents injuries. The agency requires all vehicle manufacturers to report defects within five days of discovery. Sadly, that doesn’t always happen because recalls and defects are costly and time-consuming to fix. By the time vehicle manufacturers recall unsafe vehicles, many of them have already caused accidents where drivers, passengers, and pedestrians were injured or killed. Vehicle manufacturers have a duty and a responsibility to produce vehicles that are safe to drive. When consumers buy cars, they expect automobile manufacturers to make them safe for use on the roads. They don’t expect their vehicles to have fuel systems, tires, airbags, wiring, computer, or seatbelt defects. Unfortunately, automobile manufacturers cut corners to save time and money. Call an auto accident attorney Los Angeles for legal advice when injured in a defective vehicle.
Safety Obligations Extend Beyond Auto Manufacturers
Automobile manufacturers aren’t the only ones who may be liable for vehicle defects. The following businesses can be held responsible. •
Auto, truck, or motorcycle manufacturers and dealerships
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Supply stores that design or stock parts
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Vehicle parts manufacturers
Three Types of Defective Products When consumers are injured, the courts ask the same questions as personal injury attornies. How were the people injured? Were the injuries due to manufacturing defects, design defects, or warning/label defects? Los Angeles auto injury attorneys understand how the courts view defective product claims and how those claims differ from negligence claims. •
Manufacturing Defects – An error in manufacturing a product that makes it unsafe and unusable for the purpose intended.
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Design Defects – When the design of a product makes it unsafe for its intended purpose
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Warning/Label Defect – When the manufacturer fails to warn consumers that the product’s usage may be dangerous, even though there are no manufacturing and design flaws.
If injured by a defective vehicle, you can contact an auto accident attorney Los Angeles for advice.
Vehicle Manufacturer Liability Theories Product liability law provides consumers with the ability to sue for and recover damages from vendors, manufacturers, and distributors for unsafe products. Plaintiffs who seek to recover damages for injuries due to a defective product may provide product liability claims under three theories and may contact a Los Angeles auto accident lawyer for clarification. •
Strict Liability – This is a liability for damages that do not depend on negligence, intent, or awareness of the defect.
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Negligence – This is the failure to exercise an expected degree of care. When a car manufacturer puts a defective product in use, knowing that the defective product will probably hurt someone, they are negligent.
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Breach of Warranty – When selling their vehicles, car manufacturers include explicit and implied warranties. If you can prove that the vehicle manufacturers breached either of them, you can sue them for breach of warranty.
Proving Liability for The Defective Product To prove a product liability claim in California, the victim must show all of the following criteria: •
Defect or Failure to Warn – The product must have a manufacturing, design, or warning /label defect.
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Injury – The injured person (victim) must show that they suffered an injury while using the product.
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Causation – The victim must show that the injuries were a result of using the defective product.
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Used As Intended – The victim must prove that they were using the product in an intended way. If the accident victim did not use the product as the manufacturer intended, they may not have a case. For example, a car accident victim who claims they were injured when their car rolled over may not have a case if they were driving the vehicle 60 miles per hour around a 30 mile per hour curve.
Contacting a Los Angeles Auto Injury Attorney California law holds automobile manufacturers, distributors, and sellers liable for damages caused by defective products. If injured due to an automotive defect, you may be able to receive compensation for your injuries. An experienced Los Angeles auto accident injury attorney can evaluate your accident information and determine if a defective vehicle caused your accident. Call (877) 771-8175 for a Free Consultation