Can I Sue a Car Manufacturer

--

If your car is defective by design or made dangerous by an oversight in the manufacturing process, the company who built the vehicle can be held accountable for any damages it causes. This can include, but is not limited to:

  • Property damage
  • Medical expenses
  • Lost wages
  • Home modifications
  • Adaptive technology

Defective products, including automobiles, can cause serious injury or death. When these injuries are the result of a design defect or a faulty manufacturing process, victims deserve compensation for all related damages, including pain and suffering, which may be glossed over if the settlement is handled entirely by an insurance company. Before you accept an insurance offer for a defective vehicle, call an attorney and learn about your options to make sure you are not waiving your right to take legal action.

Common Vehicle Defects

Almost any part of a vehicle can become dangerous when designed or manufactured poorly. In some cases, defects are linked to a single manufacturer, such as the case with defective ignition switches in GM vehicles. Others, like defective Takata airbags, may impact several makes and models. Recalls for Takata airbags are still being issued, five years after the first, and has grown to 50 million vehicles, 37 million of which are still under active recall.

Some of the most common vehicle defects include:

  • Tires
  • Chassis
  • Brakes
  • Steering columns
  • Engine parts
  • Starters
  • Seatbelts
  • Locks and latches
  • Seats

When one of these parts is defective, serious consequences can follow — and these consequences are often both expensive and life-altering for victims. Using the above two examples, the GM ignition switch defect has been blamed for 274 injuries and 124 fatalities. The Takata airbag defect has been blamed for 250 injuries and at least 15 deaths in the United States alone.

Understanding Recalls

The National Highway Traffic Safety Administration maintains a VIN database with recall information for every registered vehicle on the road. It’s a good idea to visit this site every couple of months to make sure your vehicle is not involved in a recall. If it is, the closest dealer will be able to schedule free repairs. All recall work is free of charge and completed by the manufacturer — partly to limit their liability.

Recalls happen all the time. Just in the month of February, recalls have been issued for models manufactured by:

  • Porsche
  • Cadillac
  • Audi
  • Acura
  • Lincoln
  • Ford
  • Mercedes

This is far from unusual, even for luxury car brands. When a vehicle is recalled, the manufacturer must make attempts to notify current owners. However, if you have moved or if you have purchased a vehicle used, you may never receive notice.

Recalls are issued to address known dangers, but unknown dangers can cause injury as well. A vehicle does not need to have been recalled for you to seek compensation following injury. If a vehicle defect injures you, even if the defect was not known, the manufacturer can be held liable for damages under many situations.

Seeking Damages

The first step in seeking damages following injury from a defective vehicle is talking to a product liability lawyer. Be careful, the statute of limitations varies from state to state, but two years is about as long as you’ll have to take action in most jurisdictions. Talking to an attorney as soon as possible following an injury can help ease the process of seeking compensation by allowing an investigation when the accident is still fresh.

Remember, when taking on a large auto manufacturer, you will be going up against a powerful corporation with the resources to fight back. It is not impossible to do this alone, but it is not advisable either. Having a product liability lawyer on your side can help ensure you are protected against the tactics used by these companies to reduce or dismiss claims. It can also help ensure that your claim is built correctly and taken down the most effective paths for maximum compensation.

--

--

Kirtland & Packard — Courtroom Warrior

Kirtland & Packard, LLP is one of southern California’s most highly respected law firms.