What Happens When You Sue for Auto Defects?

iStock_000001066537_LargeCar accidents happen every day, but many of them could have been prevented. Accidents due to auto defects are extremely dangerous, and the responsibility falls on the makers and designers since it was their job to ensure that you stayed safe while using their product. There are three types of liability claims that defective auto parts usually fall into. They are as follows:

  • Defective Design – This involves a bad design such as SUV’s that are top heavy and come with increased risk of rollovers or other flaws that cause unreasonable risk.
  • Defective Manufacture – This type of claim involves cars or parts that have flaws from the manufacturer. The problem can be created during the manufacture or the shipping from the factory.
  • Failure to Warn – Failing to provide proper warning of the risks or proper instructions on how to operate the vehicle effectively.

The first step in filing a product liability case is to identify the responsible parties. Your attorney can help you figure out exactly who carries liability for the accident. Typically anyone involved in the manufacture and distribution of the vehicle before it came to you can bear some of the liability. Common examples of possible defendants in your liability claim are the manufacturer, the shipping company, and/or the dealership.

Manufacturing companies typically bear fault for auto defects. They built the car and therefore hold a lot of liability if it causes injury.

The shipping company or any middleman that was responsible for the car at any point during distribution may also be included as a defendant in the suit.

The dealership, whether it’s a new or used car dealer, may also be liable even if you weren’t the one that actually bought the car from them.

Defective product claims often involve multiple defendants and complicated issues which make it important to have a capable lawyer who can help you to navigate your way through the entire suit.

McBride, Scicchitano & Leacox, P.A. – Personal injury lawyers