Every time someone gets behind the wheel of a motor vehicle, he or she runs the risk injury in some type of accident. What many drivers don’t expect is a defective auto part causing the crash. When accidents happen because of defective or dangerous products, the manufacturer or distributor is often liable for subsequent injuries or even death. The San Diego personal injury attorneys at Estey & Bomberger, LLP can help those injured in these types of crashes, as well as the family members of those killed.
Liability Laws for Defective Auto Parts
California is a strict liability state when it comes to defective product claims. This means that if the auto part in question has a manufacturing defect, design flaw, or marketing error that causes harm, injured parties can hold the company strictly liable – without having to prove negligence. If strict liability laws do not apply, injured consumers may still be able to sue on the grounds of negligence or breach of warranty. Federal and state laws protect consumers who suffer injuries or the death of loved ones due to manufacturing defects.
Examples of dangerous auto part defects include tires that are prone to blowouts, ignition switches that spark, and roll bars that crumple under pressure. Any problem with an auto part that makes the item unreasonably dangerous for drivers could be a defect. Product liability claims involving defective vehicles or car parts require identification of all potential defendants. This could include any and all participants in the chain of motor vehicle or part distribution – the car manufacturer, part manufacturer, vehicle dealership, supply shop, or the shipper/distributor.
When a manufacturer discovers an auto part defect, it has a responsibility to recall the item. If the manufacturer doesn’t recall the item on its own, a federal administration may issue the recall instead. For a real-time list of current vehicle part recalls, visit the recall site for the National Highways Traffic Safety Administration. Here, you’ll find a list of all current recalls, as well as a feature that allows you to search your vehicle’s VIN number to find out if there are any part recalls you should know about. If you believe a defective part caused or contributed to your recent accident and injuries, contact our legal team right away.
How do I Prove a Defective Auto Part Claim?
After an injurious car accident, police and insurance companies will investigate to determine the probable cause of the crash. If it is determined that a defective auto part might have contributed, it’s time to talk to a products liability lawyer in San Diego. As an injured party, you have the right to seek compensation through a civil claim against the responsible party or parties. You will need to prove three things in a defective auto part lawsuit:
1. You have physical injuries or other losses, such as lost wages or property damage.
2. The vehicle had a defect of some kind.
3. The defect caused your injuries.
Again, a plaintiff escapes the burden of proving negligence if strict product liability laws apply. This is good news for injured consumers, as it typically makes it easier to secure compensation. Defective auto part claims often take the form of class action lawsuits, where multiple plaintiffs with the same or similar claims band together.
Our San Diego Auto Part Recall Attorneys will Fight for You!
Estey & Bomberger, LLP want to talk with you about your recent accident and explore the possibility of a lawsuit. We offer free consultations, and you won’t pay us a cent until you win your settlement. Contact us today! (619) 295-0035