What Are My Rights if I Am Hurt in a Car Crash Due to a Defective Vehicle Part?

What Are My Rights if I Am Hurt in a Car Crash Due to a Defective Vehicle Part?When you are injured in a car crash attributed to the negligence of someone else, you can make a claim for compensation for damages like your medical bills, property damage, lost wages, pain and suffering, and so forth. But what can you do if the cause of your collision is related to a defective auto part? Who is liable for your damages when you have faulty brakes, or defective tires, or another flawed part led to a wreck?

These are product liability claims, and if we can show that your wreck was caused by a defective part, then the manufacturer or dealer may be responsible for paying damages in your case.

What qualifies as a “defective” part?

In order to be considered defective, a product has to fail to work in the way it is supposed to work. In order to make a successful claim, you have to be able to prove one of two things:

  1. That some element of the product – the design, the materials used, the way it was manufactured, etc. – is responsible for that failure.
  2. That the manufacturer was aware that problems could exist, but failed to warn potential consumers of the risks involved. This is called “failure to warn,” and it is the reason your to-go coffee cups say “Caution – hot liquid,” or the typical appliance has a tag which reads “Do not submerge in water.”

An example of a defective vehicle part

Let’s use Takata’s defective airbags as an example. For years, Takata manufactured airbags that contained an ammonium nitrate-based propellent, which is what caused the airbag to inflate. However, because Takata did not use a chemical drying agent along with that propellant, the airbags inflated improperly. In the worst-case scenarios, metal shrapnel from the inflator mechanism would literally explode, piercing the airbag and then piercing the driver. To date, 15 Americans have died because of these defective airbags.

Here, we have an example of a defective product: an inflator that would launch metal shards into drivers and passengers. However, an investigation into Takata later revealed that the company knew this could potentially happen, yet neither recalled the defective airbags nor issued any warnings to dealers or consumers. In this case, plaintiffs around the country could also cite a failure to warn in their lawsuits against Takata.

What should I do if I think my car crash was caused by a defective part?

After seeking medical attention for your injuries, you should check your Vehicle Identification Number, or VIN, on SaferCar.gov. If your car has been recalled because of a defective part, but you have not received a recall notice, you may be able to strengthen your claim against the manufacturer. Even if your car is not listed, however, you can still make a successful claim for damages.

Next, call us. As experienced product liability lawyers, we know what kind of investigation must be done into your accident to prove that you played no role in causing it. Because NC is a contributory negligence state, it is critical to show that your crash, and your resulting injuries, were directly related to the defective part itself, or to another driver whose actions led to your crash and injuries.

If you are injured in a collision caused by a defective vehicle part, you have legal rights under our personal injury and product liability laws. At Warren & Kallianos, PLLC, we can protect those rights. To learn more about our services, or to meet with an experienced Charlotte auto product liability lawyer, please call 704-275-5593, or contact us to schedule a free consultation.

 

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I would highly recommend Mr. Kallianos and his staff

"Chris Kallianos has been such a blessing to our family during this trying time! He has done an excellent job in making sure we are informed of what is going on with our case. I would highly recommend Mr. Kallianos and his staff if you have a personal injury you are dealing with. We truly appreciate all of your hard work! Best lawyer around!"

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Warren & Kallianos
5.0
2018-10-07T23:25:16+00:00

Client

"Chris Kallianos has been such a blessing to our family during this trying time! He has done an excellent job in making sure we are informed of what is going on with our case. I would highly recommend Mr. Kallianos and his staff if you have a personal injury you are dealing with. We truly appreciate all of your hard work! Best lawyer around!"

Not sure how we would have managed without this Law Firm

"Not sure how we would have managed without this Law Firm. They have been extremely compassionate about my husbands injury causing disability – which has been a life changing event for our family. They are always available to talk with us no matter when we call. They have kept us up to date regarding the case, which has kept us from worrying. I would recommend this Law Firm to anyone who needs legal help."

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Warren & Kallianos
5.0
2018-10-07T23:29:03+00:00

Client

"Not sure how we would have managed without this Law Firm. They have been extremely compassionate about my husbands injury causing disability – which has been a life changing event for our family. They are always available to talk with us no matter when we call. They have kept us up to date regarding the case, which has kept us from worrying. I would recommend this Law Firm to anyone who needs legal help."

I would definitely recommend them to any and every one!

"We were referred to Jeff Warren from another attorney and had a great experience with my son’s medical injury case/settlement, I have always been hesitant about personal injury lawsuit’s and attorneys but Jeff and his practice made the whole process easy and stress free from the beginning to the end. I would definitely recommend them to any and every one!!! We are very grateful to Jeff and his staff for all their patience and knowledge."

Client

Warren & Kallianos
5.0
2018-10-07T23:22:13+00:00

Client

"We were referred to Jeff Warren from another attorney and had a great experience with my son’s medical injury case/settlement, I have always been hesitant about personal injury lawsuit’s and attorneys but Jeff and his practice made the whole process easy and stress free from the beginning to the end. I would definitely recommend them to any and every one!!! We are very grateful to Jeff and his staff for all their patience and knowledge."

I recommend them to everyone.

"Great people to help me with my case, Great Lawyer and Paralegals. they always answered the phone, always had a response for my question. I recommend them to everyone. they also have someone that speaks Spanish (for my parents) I am thankful for everything and time that they give me. thank you so much, God bless."

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Warren & Kallianos
5.0
2018-10-07T23:27:01+00:00

Client

"Great people to help me with my case, Great Lawyer and Paralegals. they always answered the phone, always had a response for my question. I recommend them to everyone. they also have someone that speaks Spanish (for my parents) I am thankful for everything and time that they give me. thank you so much, God bless."

He’s honest and dedicated to his clients

"Chris Kallianos was my lawyer for over a year after a bad car accident. He’s honest and dedicated to his clients, and I would recommend him to anyone that needs a lawyer in the future."

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Warren & Kallianos
2018-10-07T23:31:05+00:00

Client

"Chris Kallianos was my lawyer for over a year after a bad car accident. He’s honest and dedicated to his clients, and I would recommend him to anyone that needs a lawyer in the future."

Committed Personal Injury Attorneys

"Having worked with both Chris and Jeff, as well as their office staff, I can say with confidence that they are the most sincere, committed personal injury attorneys I have ever met. They are passionate about making sure their clients get a fair settlement, and are sympathetic to the disruption and even trauma that the whole process can create. It helps that they are a small team, and everyone knows the clients and their situations."

Client

Warren & Kallianos
5.0
2018-09-28T23:52:45+00:00

Client

"Having worked with both Chris and Jeff, as well as their office staff, I can say with confidence that they are the most sincere, committed personal injury attorneys I have ever met. They are passionate about making sure their clients get a fair settlement, and are sympathetic to the disruption and even trauma that the whole process can create. It helps that they are a small team, and everyone knows the clients and their situations."
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