COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.

Learn more x
Free Consultations | Tap To Call Today: 1.888.625.6265

Speak to a Lawyer 24hrs a Day

1.888.625.6265

Free Consultation, Call Now!

When Defective Car Parts Lead to Car Accidents

Schedule Free Case Review

Monday, August 20, 2018

When Defective Car Parts Lead to Car Accidents

Not all motor vehicle accidents result from human error. In fact, there is a handful that occur due to faulty vehicle parts. Whether that part is defective by design, flawed during manufacturing, or installed incorrectly, these accidents can lead to catastrophic injuries.

Victims in these accidents may be able to hold the manufacturer, and other parties involved in the distribution chain, responsible for their injuries and receive the compensation they need to recover from the accident.

Defective Car Parts Are Considered Product Liability in Chicago

When you are holding manufacturers, designers, and mechanics responsible for defective products, you are entering the area of product liability law. Product liability claims are personal injury claims that base themselves off the premise that a product was inherently dangerous and lead to the victim’s injuries.

The Basics of Product Liability

Product liability claims typically arise because one of three defects occurred:

  • The product’s design was flawed. Defective designs happened when the design of the product was inherently flawed and dangerous. Even when manufactured correctly, this product was likely to cause harm. In design defect cases, all products – not just one batch – are affected. A design defect could involve an unstable electrical system in a vehicle or a faulty brake pad design.
  • The product’s manufacturing caused the defect. Defective manufacture means that the product was designed to be safe, but during manufacturing, an error occurred that made it unreasonably dangerous. Using substandard materials, failing to conduct quality control inspections, or even improper assembly are examples of manufacturing defects.
  • The failure to warn was inadequate. Sometimes called “defective marketing,” failure to warn claims arise when the product’s dangers could be avoided through proper instruction or warning.

Multiple legal theories apply when going through product liability claims, but most are based around negligence. Also, multiple parties can be liable for injuries that stem from one of the three defects mentioned above.

Common Types of Defective Vehicle Parts That Lead to Serious Accidents

A modern automobile is a complex machine that relies on hundreds of various parts to work correctly. These parts have a potential for failure, but not all failures lead to serious accidents or injuries. Components that have a higher risk to cause serious injury when they are defective include:

  • Brake Systems: A vehicle’s braking system is by far one of the most critical safety components, because it allows you to slow or stop. When the braking system fails, a driver cannot control their vehicle, which could lead to a catastrophic high-speed accident. Braking systems involve multiple components that could fail when manufactured, designed, or installed incorrectly, including brake lines, cylinders, pedals, and pads.
  • Steering Systems: The steering mechanism in a vehicle allows you to direct your car in one direction. When that mechanism fails, you cannot avoid a collision and may even create an accident by veering into traffic. Components that could fail in a steering system include power steering pumps, hydraulic lines, tire rods, and gears within the steering.
  • Tires: Tires are critical to vehicle safety, and they are the one component that keeps a car in contact with the pavement. When tires fail, drivers may lose control of their vehicle. For example, a tire blow-out could lead to a catastrophic accident. Defective tires can occur from poor manufacturing, substandard rubber use, tread errors, defects in the structure, or an adhesion issue.
  • Airbags: Even if an accident occurs due to human error, when the airbag does not deploy as it should or does so in a manner that causes injury, that vehicle defect could turn a simple rear-end collision into a catastrophic crash. Defective airbags could also deploy while driving; thus, causing the accident. Other times airbags fail to deploy or deploy and send debris into the face of the person in front of them.
  • Windshield Wipers: You might not realize it, but windshield wipers are a critical component to vehicle safety. When wipers fail during a rain or snow storm, your visibility quickly drops to zero. Defective wipers could lead to a severe accident when drivers cannot see in front of them.

Who Can Be Held Responsible for Defective Auto Parts?

If a defective car part in your vehicle or another driver’s vehicle leads to a serious accident, your attorney will investigate all parties involved in the manufacturing and distribution of that vehicle to determine who is liable. Some parties that might be found liable include:

Manufacturer of the Vehicle

The vehicle’s manufacturer, if the defective part was on the car when it was distributed to dealerships, could be automatically liable for any defective components in their vehicles. Manufacturers owe a duty of care to their customers. And through proper quality and safety control protocols, these defects should be caught and eradicated. Therefore, a manufacturer that allows a vehicle to leave their facility with a defective part could be named in a lawsuit.

Manufacturer of the Defective Component

If the vehicle manufacturer did not make the defective part, then the third party responsible for creating it could be liable. Companies that make auto parts are just as liable as the manufacturer of the vehicle itself because they must not only ensure their products are created in accordance to their specifications, but also that their products are safe.

Marketer of the Defective Part

Sometimes, the product is manufactured correctly, but the company that marketed that component did not include all warnings or proper instructions with their product. In this case, the marketer would be liable.

The Designer of the Defective Part

Auto parts manufactured correctly can be defective when their design is flawed. Flawed components can be serious safety hazards. And when a poorly designed component causes the crash, the designer can be held responsible.

Dealership or Mechanic That Installed the Defective Part

Products may be designed and manufactured correctly. But when they are installed, something goes wrong. In this instance, the mechanic or dealership that installed the component incorrectly would be liable for your injuries.

Severe Injuries Associated with Defective Vehicle Accidents

Defective components can turn minor accidents into catastrophic incidents. Car accident victims could suffer from long-term, debilitating injuries when parts like airbags, brakes, or even seatbelts fail to work.

Some of the more common injuries seen in a defective part case include:

  • Lacerations
  • Bone fractures
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Burns
  • Soft tissue injuries
  • Amputations
  • Disfigurement

Anyone involved in a motor vehicle accident, whether a defective component was involved or not, should seek medical treatment right away. Some injuries, like soft tissue damage, can take several hours to days to show. Starting treatment early is critical not only for your health, but also in the event that you file an injury case later.

Potential Damages in a Defective Car Part Accident Case

An accident caused by a defective car part could leave you in financial strain. You cannot work while you recover from your injuries, but that does not stop the medical bills and your living costs from quickly draining your bank account. You did not cause the accident, so why should you have to deal with the financial aftermath of that incident?

An attorney will work hard to help remove that financial burden, and they will negotiate with insurance companies and defense attorneys to reach a settlement that covers your damages. Damages are not just your medical costs either. This compensation helps cover the financial and non-financial losses that stem from your accident:

  • Medical expenses (including any future medical fees)
  • The cost to replace or repair your vehicle
  • Lost wages
  • Loss of earning capacity if you no longer can work
  • Compensation for your pain, suffering, and any permanent impairment
  • Punitive damages

Note that punitive damages only occur in cases of extreme negligence. Courts use punitive damages to punish the defendant for their acts and to serve as an example to others in the industry so that they do not commit the same act.

For families that lose a loved one in a crash caused by defective auto parts, a wrongful death attorney can help. While no amount of money could reverse the loss, compensation can be obtained to ease the financial strain from that loss.

Contact an Attorney to Discuss Your Case Today

Fortunately, those who are injured in an accident caused by a defective vehicle part can recover their losses and hold manufacturers responsible. In these instances, recovery could be substantial. To protect your rights and explore your options, speak with an attorney that has experience handling product liability claims involving defective motor vehicles.

Speak with an attorney today from Malman Law. We can meet with you without obligation. Schedule your free case evaluation now at 888-307-2051 or contact us online to get started.

Related Posts

Why People Choose Malman Law

You’ll want your lawyers to be this good.
You’ll want our experience on your side.
  • Icon

    Credibility & Experience

    25,000+ Cases over 25 Years
  • Icon

    Track Record of Success

    25,000+ Cases over 25 Years
  • Icon

    Team of Litigation Lawyers

    25,000+ Cases over 25 Years
  • img

    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

  • img

    I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!

    - Cheryl Wagemann

  • img

    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !

    - Elvira G.

  • img

    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

  • img

    I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!

    - Devin Jones

  • img

    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

    - Annie Ong

  • img

    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

    - Eugenia Cathery

  • img

    They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.

    - Omolewa Snyder

  • img

    I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

  • img

    Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

  • img

    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

    - Ariel Fleming

  • img

    I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!

    - Carmen Rivera

  • img

    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!

    - Greg Gustafson

  • img

    Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.

    - Malak St.Clair

  • img

    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.

    - Devri Lott

  • img

    I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

  • img

    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

  • img

    Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

    - Nyah Vuljanic

  • img

    This law firm is the best they got me paid and meymen law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position they are awesome sincerely. Jeff walker

    - Jeff Walker

  • img

    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.

    - Steve Acosta

  • img

    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

  • img

    Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

  • img

    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

    - Meagan Cruz

  • img
    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

    - Eddie Villarreal

  • img

    I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!

    - Madissen Miller

  • img

    Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!

    - Christina Ocon

  • img

    Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!

    - Adriana Martinez

  • img

    So glad I contacted malman law regarding my accident. Professional and caring. Thank you Mr Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

    - Virgil Sanner

  • img

    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

  • img

    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

View more testimonials
img

What’s your case worth? Submit for a free case review

ALL FIELDS REQUIRED

2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim