Car Accidents Caused By Vehicle Defects

Car accidents have a myriad of causes. According to data from the Insurance Institute for Highway Safety, car accidents remain a leading cause of death and injury. There were over 32,000 fatal car accidents in 2015, causing 35,092 deaths. This equals about 10.9 deaths per 100,000 people.

For each motor vehicle death, there are hundreds of more injuries – more than 2.5 million Americans visited emergency departments following car accidents in 2012, according to Data from the Centers for Disease Control and Prevention.

When we think of car accident causes, the so-called “biggies” come to mind –operating under the influence, distracted driving, unsafe conditions. But there’s another reason for car accidents that we don’t talk about enough, and that reason is vehicle defect.

Defining Defects

Like any other thing we own, cars can develop (or inherently have) defects. But unlike a defective smartwatch or phone, driving a defective vehicle can have disastrous consequences. It’s important to note that a vehicle defect may cause accidents and injury, despite a motorist’s efforts to reasonably maintain their vehicle. If faulty brakes cause an accident, it may be because of a vehicle defect – or it may be because the brakes weren’t properly maintained by the owner.

Types of Defects

There are two main types of vehicle defects: manufacturer defects and design defects. Let’s take a closer look at each.

Manufacturer Defect

A manufacturing defect is an error during the process of assembly. It is often an unintended consequence or mistaken departure from the vehicle’s intended design. A manufacturer defect only affects a subset of vehicles, such as a single model year. For example, a malfunction in assembly equipment in a manufacturing plant may result in a defect of a specific part, such as an acceleration system or fuel pump.

Design Defect

On the other hand, some defects are the result of an inherent flaw in design. As such, it affects an entire line of products. Design defects are not the result of a mistake in assembly or manufacture, but in the engineering of the product itself. For example, the company Takata made an airbag with a faulty design and accelerant, such that inflation of the airbag sends shrapnel flying from the airbag and into passengers. The Takata airbag recall has been one of the most comprehensive and systemic in recent history.

The design of a vehicle (and its parts) must comply with government safety standards. When it fails to do so, it automatically has a design defect.

Why Does the Distinction Matter?

Knowing if a vehicle has a design or manufacturer defect is important in terms of personal injury law. For example, tracing the roots of a vehicle defect will help inform the decision to file a claim against a party for damages. In general, a plaintiff may pursue a couple avenues for recourse:

• The car dealership, if they did know or should have known a vehicle was defective, may be guilty of negligence.
• Victims may sue the manufacturer of a vehicle for negligence if they did not exercise reasonable care in the design, assembly, or manufacture of a product.

If several parties have been affected by the same defective vehicle or part, they may be able to join their lawsuits together to expedite the legal process and receive a lump settlement. Courts refer to this as a mass tort action, or, more commonly, a class action lawsuit.

Plaintiffs generally seek personal injury claims to help pay for medical bills, final expenses, and intangible losses such as pain, suffering, or loss of consortium. If you have any questions about the personal injury claims process, consult with an attorney.