Every day, hundreds of severe car accidents take place across the country that causes injuries that result in disabilities or death. Many of these accidents are caused by a driver’s negligence, or by hazardous road and weather conditions, or by circumstances that are not the fault of any party. However, there are also thousands of accidents caused by car defects. In these cases, the smallest defect in any part of a car – engine, tires, or brakes – can cause devastating crashes. Sadly, even those parts of the car intended to protect occupants in an accident, such as airbags, can be the cause of the most serious injuries if defective.
Dealing with the immediate aftermath of a car accident is stressful enough. Dealing with the realities of medical treatment and recovery, time away from work, and costs involved can be overwhelming in addition to day-to-day living. When an accident is devastating and causes death or disability, the stress and anxiety increase exponentially. You need a Michigan car accident lawyer with the experience and compassion necessary to advocate for your rights and help you obtain compensation for your injuries.
Call Davis Injury Lawyers today at (313) 462-7979 to find out how we can help you.
Types of Car Defects and Liability
If a car defect caused an accident, there are three kinds of defects that can support a claim for liability.
- Manufacturing Defects – A manufacturing defect takes place during the period when a product is being made and usually only affects a specific product. With cars, this means that a manufacturing defect would normally only affect the cars that contain the part with the defect. Usually, a manufacturing defect occurs when a product is constructed with materials that have poor quality or when certain steps are omitted from the prescribed process for assembling a car. Examples of manufacturing defects may include car materials that cannot withstand impacts, faulty airbags, or tires constructed without using the prescribed procedures.
- Design Defects – A design defect is a more widespread flaw that can affect entire model lines of cars, not just specific cars. Design defects are flaws that are inherent in how a product was designed from the start and is not the result of the poor material quality or flawed assembly. In this case, the defect is inherent to the product’s design and is not caused by an error in the process of creating the product. Proving design defects usually involve examining the original blueprint of the product to see whether it was unreasonably dangerous at that point. These cases require comparing the design to the highest safety standards and alternative, potentially safer designs.
- Marketing Defects– A marketing defect comes from the failure to properly inform customers regarding potential risks of a product or the safe and proper way of using a product. These are typically called “failure to warn” cases. When it comes to cars, marketing defects may involve failing to properly mark certain parts of the cars that have inherent dangers, or failing to provide adequate instructions on how to use systems properly. Marketing defects come from a seller’s or manufacturer’s failure to inform customers of how to use or not to use the product in certain ways that may result in injury. Additionally, these can also involve cases, where the warnings provided, are vague or inadequate that consumers are unable to understand them.
Safety Recalls for Car Defects
A safety recall is initiated either because the manufacturer of a car became aware of the defect or the National Highway Traffic Safety Administration (NHTSA) discovered a defect or a condition that did not meet federal safety standards. Once a defect is discovered, a manufacturer must notify NHTSA as well as owners, dealers, and distributors. Manufacturers are then required to fix the problem at no charge to the owner. According to a recent Carfax study, about one in four vehicles operating on the road has an unfixed safety recall. This amounts to about 63 million vehicles with active recalls.
Our Michigan Car Accident Lawyers Can Help
If you’ve been hurt in a car accident, you need an experienced car accident lawyer who will take the time to listen to your case and help you come up with the best strategy for obtaining compensation. When car defects are involved, the case becomes more complex and will involve extensive investigation and working with experts. Our attorneys will ensure that a thorough investigation is conducted and that the right evidence is gathered to support your claim.
Davis Injury Lawyers can serve as your Michigan personal injury lawyer, and we can help you reach favorable results in your case. Call us today at (313) 462-7979and schedule a free initial case evaluation.