Philadelphia Auto Defect Accident Attorneys
Auto manufacturers and designers are responsible for ensuring that consumers who buy their vehicles are hitting the road with parts that won't malfunction or become faulty. And in the event of an accident, consumers should be protected with up-to-date equipment, making surviving an accident possible and likely. When issues involving vehicle features and parts arise that inflict injuries to motorists, manufacturers can and should be held liable for a victim's injuries. Any person who discovers their injury was the result of a mistake made on the behalf of a manufacturer may be eligible for compensation.
Auto Defect Claims
Claims regarding auto defects don't have to necessarily reference passenger vehicles. Malfunctions in motorcycles, trucks, vans and boats can also be noted in a civil suit. As technology advances and the opportunity for minimal injuries in an accident becomes more likely, it's proven that manufacturers are capable of producing vehicles that adequately protect motorists.
For example, chances are you've seen a race car collide into a wall or another car at top speeds, but the driver walks away with little to no injuries. Although those vehicles require extra safety measures that may not be necessary for general vehicles, the technology is still available. Most manufacturers are aware of the available resources that could drastically reduce the impact of accidents and diminish injury rates. However, the auto industry has displayed continuously over time that their yearning to maximize profits outweighs their concern for the safety of their consumers. Appropriate accident testing and safety features are cut short or not included in order to rush a vehicle on the market. So, if a claim is filed and a manufacturer is granted by the court to provide funds for compensation, it could serve as an incentive to produce safer vehicles.
Auto claims are distinguishable from general personal injury claims, due to the fact that they require much less proof. In order to bring a viable auto liability claim, negligence or carelessness does not have to be proven. Rather, liability is assigned for these cases under the doctrine of strict liability. This doctrine guarantees that a claim involving an auto defect is feasible and workable in a court of law regardless of the actions a company takes in designing, handling or assembling a vehicle if the following three conditions are present in your case:
1. The vehicle or a component in or on the vehicle had an unreasonably dangerous defect that injured a motorist
It doesn't matter whether the defect was developed during the manufacturing process, the handling process or the shipping process. In an auto defect claim, pinpointing the initial occurrence of the defect is irrelevant. Its existence must only be proven.
2. The defect caused an injury while the vehicle was being used the way it was intended to be used
As long as a victim used the vehicle as intended, compensation for injuries is still on the table. So if an individual were to use their car to go through a murky swamp and they experienced an injury, they wouldn't be able to assign liability to a manufacturer under the doctrine of strict liability.
3. The vehicle has not been significantly altered from its original condition.
As long as the vehicle performs similarly to the way it was sold, and not operating poorly based on alterations an owner added, a viable auto defect claim is still intact.
Defective automobile parts
Defective car parts generally fall into two categories: defective design or defective manufacturing issues. Sometimes, parts may be so faulty, they have both qualities.
A few claims including these parts are but not limited to:
- The body or frame of a vehicle
- Exhaust system
- Electrical system
- Steering and suspension systems
- Gas pedal
- Engine cooling system
- Passenger compartment
- Cooling and temperature control system
- Fuel system
- Lubrication system
- Engine assembly
- Transmission and drivetrain
Defective vehicle safety equipment
The very safety equipment used to protect a victim in the event of an accident can harm them if deemed faulty. A number of safety equipment has been known to damage property and injure occupants instead of protecting them as intended. A few of these defective components are, but not limited to:
- Issues with safety child seats
- Airbags that don't deploy in an accident
- Seatbelts that don't stay fastened or lock up in an accident
- Brakes that don't fail
Takata Air Bags
The U.S. National Highway Traffic Safety Administration (NHTSA) releases updates on current recalls that impact lots of people. One they decided to highlight were defective air bags installed in tens of millions of U.S. vehicles. Nineteen automakers used the faulty frontal air bags in their vehicles, deeming the debacle “the largest and most complex safety recall in U.S. history. According to the organization, the air bags have been explosively deploying, causing serious injuries and fatalities among occupants. The NHTSA has declared the heart of the problem is the inflator - a metal cartridge with propellants. When activated, the inflator ignites with incredible force, spraying the metal shards from the air bags. So far, there has been 11 deaths and 180 injuries as a result of this defect. A whopping estimate of 42 million vehicles in the U.S. will be affected by the recall.
Other recent vehicle recalls:
- 2012 BMW convertibles, sedans and coupes (rear driveshaft is easily broken, increasing the risk of crashing)
- 2017 Hyundai Elantra (failed brake booster)
- 2015-2017 Nissan Altima (rear door may have been improperly routed, causing it to fly open and cause an accident)
Experienced Auto Defect Attorneys in Philadelphia
If you or someone you know has been injured as a result of an auto defect, you may be entitled to compensation. As stated above, there are several elements in a case of this nature that will need to be proven if a victim is expecting a favorable outcome. Let a skilled attorney handle the legal obligations while you focus on recovering from your injuries. Attorneys at the Brod Law Firm are devoted to helping you keep auto manufacturers accountable for their actions while receiving the compensation you deserve. Contact us today for a free consultation. Call Gary Brod anytime at 888-435-7946 (888-HELPWIN) or contact us online for a free no obligation consultation and explanation of your legal rights. Even if you are not sure if you have a case please call us for straightforward no-nonsense answers to your legal questions. We do not charge you for legal advice.
The Brod Law Firm Serves The Following City Of Philadelphia Areas
19101, 19102, 19103, 19104, 19105, 19106, 19107, 19108, 19109, 19110, 19111, 19112, 19114, 19115, 19116, 19118, 19119,Olney 19120, 19121, 19122, 19123, 19124, 19125, 19126, Manayunk 19127, Roxborough 19128, 19129, 19130,West Philadelphia 19131, 19132, 19133, 19134, 19135, 19136, 19137, 19138, 19139, 19140, 19141, 19142, 19143, Germantown 19144, 19145, 19146, 19147, 19148, 19149, 19150, Overbrook 19151, 19152, 19153, 19154, 19155, 19160, 19161, 19162, 19170, 19171, 19172, 19173, 19175, 19177, 19178, 19179, 19181, 19182, 19183, 19184, 19185, 19187, 19188, 19190 19191, 19192, 19193, 19196, 19197, 19019, 19092, 19093, 19099, 19244, 19255 We see many Philadelphia auto accident cases from the far Northeast, Center City, Southwest Philadelphia, North Philadelphia, Mt. Airy, Chestnut Hill and South Philadelphia.