Car defects can have catastrophic consequences, leading to serious accidents and injuries. When a vehicle defect is to blame for an accident, it complicates the typical personal injury claim process. Understanding how car defect injury claims work is crucial for securing the compensation you deserve.
At Langdon & Emison, we specialize in helping victims of car defects navigate these complex legal waters. In this blog, we explore how car defects affect personal injury claims, including key legal considerations, common types of defects, and case studies that illustrate the impact of defects on injury claims.
Keep reading to learn more from our Kansas City car defects attorney, then contact us online or call (866) 931-2115 to schedule a free consultation.
Understanding car defect injury claims
A personal injury claim typically involves proving that another party’s negligence caused your injury. However, when a car defect is involved, the legal landscape changes. In these cases, you may be dealing with product liability laws in addition to or instead of standard personal injury laws.
Product liability vs. personal injury
In a car defect injury claim, the focus often shifts from proving another driver’s negligence to proving that a defect in the vehicle caused or exacerbated the injury. This type of claim falls under product liability law, which holds manufacturers, distributors, and sellers responsible for ensuring their products are safe for consumers.
Strict liability in product liability cases
Missouri follows the doctrine of strict liability in product liability cases. You do not need to prove negligence to hold a manufacturer or seller accountable for a defective product. Instead, you must show that:
- The product was defective.
- The defect existed when the product left the manufacturer’s control.
- The defect caused your injury.
This legal framework is crucial in car defect injury claims, as it allows victims to seek compensation even if the manufacturer did not act negligently.
Common types of car defects affecting injury claims
Certain car defects are more likely to lead to accidents and injuries, significantly affecting personal injury claims. Understanding these defects can help you identify potential issues with your vehicle and take legal action if necessary.
Airbag defects
Defective airbags can fail to deploy in a crash or deploy unexpectedly, leading to severe injuries or death. These defects often involve faulty sensors, inflators, or deployment mechanisms.
Brake defects
Brake failure is a common cause of serious accidents. Defects in the brake system, such as faulty brake pads, fluid leaks, or ABS malfunctions, can prevent a vehicle from stopping in time, leading to collisions.
Tire defects
Defective tires, including those prone to blowouts or tread separation, can cause a driver to lose control of the vehicle. These defects are particularly dangerous at high speeds and in adverse weather conditions.
Steering defects
Steering defects can make it difficult or impossible to control a vehicle. Common issues include power steering failure, steering column defects, and problems with the rack and pinion system.
Seat belt defects
Seat belts are a critical safety feature, but the results can be disastrous when they fail to function properly. Defects might include failure to latch, retraction issues, or belts that fail to restrain occupants during a crash.
Case studies: The correlation between car defects and injury claims
Understanding how car defects influence personal injury claims is best illustrated through real-world examples. Below are some case studies demonstrating vehicle defects’ impact on injury claims.
The Takata Airbag scandal
The Takata airbag defect is one of the most notorious cases in recent history. Millions of vehicles were equipped with airbags that could explode upon deployment, sending shrapnel into the cabin. Numerous accidents were linked to this defect, resulting in severe injuries and fatalities.
| Impact on injury claims
Victims of the Takata airbag defect were able to file product liability claims against the manufacturers and Takata itself. The strict liability framework allowed these claims to proceed without proving negligence, leading to significant settlements and compensation for the victims. |
The Ford Pinto case
In the 1970s, the Ford Pinto became infamous for its defective fuel tank design, which made it prone to exploding in rear-end collisions. The defect led to numerous deaths and injuries, and Ford was ultimately held liable for the design flaw.
| Impact on injury claims
Victims of the Ford Pinto defect were able to pursue both personal injury and product liability claims. The high-profile nature of the case and the clear link between the defect and the injuries led to substantial compensation for the victims and significant changes in automotive safety standards. |
The Firestone Tire recall
In the late 1990s, defective Firestone tires were linked to over 200 deaths and hundreds of injuries due to tread separation issues. The defect was particularly dangerous in Ford Explorer SUVs, leading to rollover accidents.
| Impact on injury claims
The widespread nature of the defect and the clear connection between the tires and the accidents allowed victims to file product liability claims. The resulting settlements included compensation for medical expenses, lost wages, pain and suffering, and punitive damages against the manufacturers. |
Legal considerations in car defect injury claims
Filing a car defect injury claim involves several critical legal considerations. Understanding these factors is essential for building a strong case.
1. Statute of limitations
In Missouri, the statute of limitations for filing a product liability lawsuit is typically five years from the date of injury or discovery of the defect (Section 516.120, RSMo). Fulfilling your claim within this time frame is crucial to preserve your right to seek compensation.
2. Comparative fault
Missouri follows a comparative fault rule, which means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. This rule applies even in cases involving car defects.
3. Evidence collection
Gathering evidence is vital in car defect injury claims. This includes:
- Vehicle maintenance records – Documentation of your vehicle’s maintenance history can help establish that the defect was present and did not result from improper upkeep.
- Accident reports – Police reports and witness statements are critical for establishing the circumstances of the accident.
- Expert testimony – Automotive experts can analyze the defect and testify how it contributed to the accident.
Contact Langdon & Emison for your car defect injury claim
At Langdon & Emison, we have extensive experience handling car defect injury claims. Our attorneys are dedicated to helping victims secure the compensation they deserve. We work closely with experts to build strong cases and ensure our clients receive the justice they deserve.
If you or a loved one has been injured due to a car defect, contact us today for a free consultation. We will review your case, explain your legal options, and guide you through filing a claim.
Visit our website or call us at (866) 931-2115 to learn how we can help you with your car defect injury claim.
