Car Defect Attorneys
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Car Defect Attorneys
When getting behind the wheel, you should never have to worry whether or not you will make it to your destination safely or even at all. Unfortunately, some car companies or manufacturers will allow poorly designed cars to make it onto the road, endangering drivers' lives all over the country. If you have been injured or suffered other damages due to a defective car, truck, motorcycle, SUV, ATV, or other motor vehicles or its vehicle parts, you may have a product liability claim. Contact our defective product attorneys to learn more about your case by completing our free case evaluation form.
Car Defect Attorneys
When you’re driving, you shouldn’t have to worry that you won’t safely arrive at your destination due to a design flaw in your vehicle.
Car companies should prioritize customer safety when designing all aspects of their vehicles. This focus on safety should include robust safety testing of all major parts to ensure that every vehicle that reaches consumers is 100% roadworthy. When a car company is negligent about safety and testing, it can result in injuries or death.
Car companies, like all manufacturers, are required to manufacture and sell safe products. Because it’s generally acknowledged that the consumer has the right to feel protected when using the product as instructed, failing to do so creates liability for the car company.
If you’ve been injured due to a defective part or a dangerous vehicle design, you might be eligible to receive compensation as part of a product liability claim. Reach out to the defective product attorneys at Morgan & Morgan to get a free case evaluation and learn more about your options.
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What Form of Product Liability Claims Involve Cars?
When it comes to car accidents that were caused by cars with defects, typically your case will fall under two categories:
Defectively manufactured vehicles or vehicle parts: This claim involved vehicles or their parts that have been inadequately manufactured in some capacity. This may have resulted due to an error at the manufacturing company where the car or its defective part was constructed. There is also the possibility an error occurred during shipping or after arriving at the dealership.
Dangerous design: In the category of this claim, the vehicles or parts involved, even though they have been properly manufactured and distributed, have been designed unreasonably dangerous and can result in injury. In some cases, vehicles or their parts may be on the market for some time before they are discovered to be hazardous.
Is My Case a Product Liability Claim or a Traffic Accident Claim?
Suppose you were involved in a traffic accident and either you or another driver were driving a defective motor vehicle. In that case, your claim would fall under both a product liability claim against the manufacturer as well as a negligent driver claim against the individual involved in the accident. When it comes to a defective product claim, the process behind it is different from a negligent driving claim. However, as long as your case has a legal basis in both areas, you do not have to choose between both.
Who Is Liable for My Injuries?
When determining liability for your injuries in a car defect case, correctly identifying all those liable for your damages is essential. Often, multiple parties can be responsible for the chain distribution of the vehicle or vehicle parts involved in your case. Most commonly, the chain of distribution usually includes but is not limited to the following categories:
- Product Manufacturers: In product liability cases involving defective or dangerously designed motor vehicles or their parts, liability would fall directly to the manufacturing company.
- Car dealership: The dealership that sold the vehicle or the specific defective part to you, or in some cases indirectly sold to you, may be liable for your damages.
- Shipping: In some instances, during the distribution process, the company behind mailing out the defective or hazardously designed vehicle may be held liable for your damages.
It could be the case that the defective vehicle involved did not belong to you. For example, if you borrowed someone else's defective car or suffered injuries because of a defective car driven by another driver, you may still be eligible for a product liability claim. To better determine who is liable for your damages, it is crucial for you to hire an attorney who is an expert in navigating car injury cases. At Morgan & Morgan, our team of highly specialized attorneys knows exactly how to handle your injury case and will ensure you're holding those liable for your injuries accountable for their negligence. See why millions trust our law firm to get them the justice they deserve.
What Types of Product Liability Claims Involve Cars?
Typically, if a car is involved in a product liability claim, that claim will fall under one of the following categories.
Dangerous design: Product liability claims in this category allege that the product was designed in such a way that it was dangerous to use even when used as instructed.
For example, if a vehicle’s doors had a chance of coming open accidentally at high speeds, that would constitute a dangerous design that could lead to the injury of occupants during normal driving conditions.
Defective manufacturing or defective parts: Even when the design is safe, a vehicle may be unsafe if the parts are substandard or the manufacturing process introduces flaws to the vehicle.
For example, if the glass of the front window is weak and breaks easily in bad weather, that could result in an unforeseen accident. To prove that a car company is liable for a defective part, your attorney must be able to show that the company either built the part or should have been aware of the defect during or after installation.
Is My Case a Product Liability Claim or a Traffic Accident Claim?
Typically, product liability claims become apparent when a defect or dangerous design results in an accident. Without proper investigation of an accident, however, it isn’t always clear whether your claim should be directed against the company that manufactured your car or the other driver involved in the accident.
A Morgan and Morgan attorney can investigate your accident and let you know what type of claim you need to file. Depending on the circumstances, you might even be able to make both a product liability claim and a traffic accident claim.
Who Is Liable for My Injuries?
In a car defect case, there are multiple parties that might be liable for your injuries. This is because defects don’t only arise during the design and manufacturing process. Defects can arise anytime, from the moment the vehicle is designed to the time it reaches the consumer.
Any of the following parties could potentially be deemed responsible for a car defect:
- The manufacturer, including the design team
- The shipping company that transported the car from manufacturer to dealership
- The dealership that sold the vehicle
Any of these parties might be liable for your injuries if they were negligent in their handling of your vehicle. In some cases, multiple parties may even be liable.
For example, if the shipping company damaged a part by mishandling the vehicle during shipping and the dealership realized the vehicle was damaged and sold it to you anyway, both parties may share liability for an accident resulting from that defective part.
The legal team at Morgan & Morgan has extensive experience with defective product cases, allowing us to better determine liability in any case. Pinpointing liability is one of the biggest priorities of any attorney, as filing a claim against the wrong party can waste precious time and resources.
If you want to see justice done and recover the money you deserve after suffering injuries due to a defective vehicle, there’s no law firm you can trust more than Morgan and Morgan.
What Are the Reasons for Defective Products Outside the Manufacturing Process?
Just because a car is safe when it leaves the manufacturer doesn’t mean it will be safe when it arrives in your garage.
Shipping companies can easily cause a vehicle to become unsafe if they don’t handle it carefully throughout the shipping process. Damage during shipping might not be identified at the dealership, even after a careful inspection, but it can still make the vehicle dangerous to drive.
Vehicle defects can also be introduced at the dealership where the car is sold. If the car is not stored properly, parts could develop flaws while it’s waiting to be sold. Similarly, when a dealership is customizing a vehicle, mechanics might add one or more parts that have defects.
Do I Need to Join a Class Action Lawsuit If My Vehicle Is Defective?
You are never required to join a class action lawsuit. There may be advantages to joining a class action lawsuit depending on the circumstances of your case, but generally, if you’ve been seriously injured due to a defective vehicle, you’re better off negotiating a separate settlement or filing an independent lawsuit.
A knowledgeable Morgan & Morgan attorney will help you make sense of your options and advise you about which is best for you.
What Do You Need to Prove to Win a Car Defect Case?
You’ll need to prove several facts to win a car defect case. First, you need to show that the defect was responsible for the injuries that you suffered. It doesn’t matter if your windshield wipers are defective if they had nothing to do with the accident you were in and the injuries you suffered during that accident.
Additionally, you need to demonstrate that the defect resulted from negligence or an intentional act. Since almost every defect is a result of one of these two things, this mostly just means your attorney needs to uncover evidence of negligence or intent.
It isn’t enough to know that the defect must have been introduced during a certain phase of the product’s market life. Your attorney needs to be able to show how it was introduced and how responsible behavior could have avoided it.
How Long Does It Take to Complete a Car Defect Case?
Because car defect cases involve a lot of technical factors, they often take longer to complete than other personal injury cases.
Your attorney will usually have to consult with specialists in the field who are better able to analyze and understand the available evidence. Car defect investigations are often quite a bit more complicated than investigations in other personal injury cases as well.
Even if the case doesn’t go to trial, it’s reasonable to assume that a car defect case will take months or maybe even years to resolve. Depending on how serious your injuries are, you might want to accept a modest settlement early on rather than wait for the culmination of a long investigation.
Can I File a Car Defect Claim if I Don’t Own the Defective Car?
If a defective car is found to have resulted in your injuries, you’re entitled to file a claim, regardless of who owns the car.
For example, if a defective part caused somebody else to lose control of their vehicle and get into an accident with you, the manufacturer of that part is likely liable for your injuries. The responsibility to create a safe product doesn’t just protect the owner of that specific product but also anyone else who interacts with the product.
The only significant difference when you’re injured due to a defect in a product that you don’t own is that your attorney may have more difficulty investigating your claim.
If your vehicle is defective, you can easily give your attorney (or their agents) permission to inspect it. But if the vehicle belongs to another party (that you might also be considering a lawsuit against), it can be much harder to get permission for an inspection. In cases like this, you may need to involve the courts to gain access to evidence that will support your claims.
How Is Morgan & Morgan Different From Other Law Firms?
Morgan and Morgan have been serving clients in personal injury and product defect cases for over 30 years. With thousands of employees in offices across the country, Morgan & Morgan is America’s largest injury law firm.
When you retain an attorney from Morgan and Morgan, you get thousands of years of combined experience working for you. There’s always someone familiar with a particular aspect of the law, jurisdictions, or other factors critical to the success of your case, no matter how complex or obscure.
To get more information or schedule a free case evaluation, contact Morgan & Morgan today.