401 Wilshire, 12th Floor, Santa Monica, CA 90401
A trial law firm advocating on behalf of underserved communities.
The National Highway Traffic Safety Administration (NHTSA) is charged with enforcement of all vehicle performance standards and manufacturing standards for all vehicles in the United States. Every year, millions of vehicles are recalled due to manufacturing flaws and defects in design. Sadly, these faulty components cause accidents, resulting in hundreds of severe injuries and deaths every year. In fact, the National Motor Vehicle Crash Causation Survey indicates that approximately 44,000 accidents occur yearly in the United States due to automobile defects.
Auto parts and components are regulated by the Federal Motor Vehicle and Safety Standards, which are established by the NHTSA. Automobile manufacturers are legally obligated to produce and market products that are safe for consumers. If an automobile company, or vehicle parts retailer, sells a vehicle or vehicle part with a faulty component and injuries occur, the company is held liable for negligence, according to the principles of product liability. If the manufacturer or retailer suspects that a vehicle part may be defective and have the potential to cause injury, they are required to issue a timely recall.
A recall is issued when a manufacturer (or the NHTSA) determines that a vehicle or one of its components may cause a safety risk. A recall may be announced if the vehicle or any of its parts fail to meet minimum safety standards. Most recalls are initiated by manufacturers, without involvement from the NHTSA. However, if a company fails to recall a defective product, injury victims can bring lawsuits against the company. Some automobile parts and components that are commonly recalled for safety reasons include:
● Accidental or unintentional airbag deployment
● Loss of light, or electrical system fires
● Cracked or broken wheels
● Failure of steering components, causing loss of vehicle control
● Fuel system component failure, causing fires
● Windshield wiper failure
● Seat or seatback failure
● Broken or sticking accelerators
● Any vehicle part or component that falls apart, separate, break, or malfunction causing
the inability to control the automobile properly
Recalls do prevent accidents. But until the defective part is discovered and recalled, a vehicle may be out on the road with the potential to cause harmful or fatal injuries.
Automobile and vehicle defects are typically responsible for two common types of accidents: The defective part caused the accident. Situations where the automobile defect caused the accident, may include brake failure, unexpected airbag deployment, steering wheel failure, ignition shutting off, unexpected and/or sudden acceleration, or tires blowing out. The defective part worsens the accident. In some situations, the vehicle defect does not directly cause the accident, but increases the severity of the accident. For example, if a faulty airbag fails during a collision, or if a vehicle rolls over when it should not, the accident will be more severe, causing more serious injuries.
Automobile manufacturers have a legal duty to offer consumers safe products that are free from defects. As mentioned, if defects are discovered, an automobile manufacturer must alert the public immediately and issue a recall. An automobile defect that results in an injury is a product liability case. If someone can prove that a design flaw or manufacturing defect exists, the case has “strict liability.” This means that once the defect is proven, an injured victim has the right to compensation for medical expenses, lost wages, property damage, and possibly pain and suffering. Product liability claims that stem from automobile accidents are related to negligence. A person may prove an automobile company was negligent for any of the following reasons:
If a person wants to make a claim against a manufacturer for product liability, items such as this
must be proven:
Evidence used to prove a manufacturing defect claim may include photos or video footage, items from the car or from the accident scene, police reports or other written documents, and similar claims from other consumers. Some motor vehicle product liability lawsuits result in class action lawsuits if numerous victims were injured by the same defective automobile part or component.
If you were involved in an automobile accident that was caused by a defective vehicle component or faulty design, you may have the right to compensation for your injuries and losses. For a complimentary consultation of your case, contact the experienced personal injury attorneys today at Sandoval Law, APC.
401 Wilshire Boulevard
12th Floor, Penthouse
Santa Monica, CA 90401
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