Who is Liable in a Car Accident Caused by a Defect?

Most think of car accident liability as pertaining to a driver’s or multiple drivers’ negligence. When a vehicle defect causes an accident, you may have no idea how to pursue legal recovery. Determining which party bears accountability depends on when the defect occurred. At the Law Office of Cezar McKnight, our Kingstree, SC, car accident lawyer is dedicated to advocating for fair compensation in your stead. If you have recently been injured due to a vehicle defect, do not hesitate to give our office a call.

Types of Vehicle Defects & How They Cause Accidents

Common types of vehicle defects may include any of the following:

Brake Failure

Worn-out brake pads, a defective or corroded brake line, or worn-out calipers can result in malfunctioning brakes. Poorly functioning brakes can result in an increased stopping distance, a reduced response time, or complete brake failure. Brake failure is estimated to contribute to about 5% of passenger vehicle crashes, often resulting in serious injuries.

Steering and Suspension System Failures

Steering and suspension issues can make it difficult to control your vehicle. If you experience excessive bouncing after hitting a bump or pothole, if your vehicle pulls to one side, or if your tires are experiencing uneven wear, these are all telltale signs of steering or suspension issues. The culprit may be worn-out shucks or struts, failing ball joints, or low power steering fluid.

Tire Blowouts

Worn-out treads, overinflation, underinflation, weak sidewalls, or defective materials can all result in a tire blowout. Tire blowouts can be attributed to 11,000 motor vehicle crashes annually. A blown-out tire could cause a driver to lose control of their vehicle, colliding with another vehicle or even running the vehicle off the road.

Airbag Malfunctions

Defective airbags may involve airbags that fail to deploy, deploy without warning, or have defective inflators. The Takata airbag recall (the largest automotive recall in history) was due to defective inflators that would explode upon deployment, hurling metal shrapnel into the cabin. An airbag malfunction can startle a motorist and even cause him or her to lose control of the vehicle. While airbag defects are relatively rare, the consequences are no less deadly.

Electrical System Failures

Faulty ignition switches, alternator failures, and malfunctioning lights can be indicative of electrical system issues. Symptoms can range from the engine stalling to potential fires. Electrical system failures may be due to faulty wiring, software glitches, or faulty maintenance. Given the sudden nature of electrical issues, they can be difficult to diagnose beforehand.

Liability for Defects That Cause Car Accidents

Although a driver can still be held partially responsible (even when a vehicle defect contributes to a crash), liability may also be held with:

Vehicle Manufacturer or Automaker

The vehicle manufacturer can be held legally accountable if a mechanical failure or product flaw caused your accident. Automakers are responsible for issuing safety recalls to inform consumers of potential issues. These recalls allow consumers to have the issue repaired free of charge. Failing to adhere to these strict guidelines can result in legal repercussions.

Parts Manufacturer

Third-party companies often supply brakes, electrical components, and suspension parts. Many vehicles have several parts manufacturers, making it necessary to identify which specific part failed. Identifying the location of the malfunction requires an in-depth investigation, such as accessing a vehicle’s “black box” data, delving into NHTSA recall notices, and interviewing eyewitnesses.

Mechanic or Repair Shop

A mechanic or repair shop that fails to diagnose an issue, uses sub-standard materials, or is careless in fixing a problem may be held liable for a collision. Customers may be entitled to recovery if the mechanic’s error results in any losses (financial, emotional, or physical in nature). Gathering maintenance and repair records can be crucial to proving a repair shop’s liability.

Car Manufacturer

Under SC Code §15-73-10, a car manufacturer can be held strictly liable for selling a defective vehicle if the customer suffers physical harm due to a defective condition. Recovery is dependent upon showing that the car was dangerous when sold and that the hazard caused the consumer harm.

Injured? Speak with Our Kingstree, SC, Car Accident Attorney Today

When a defect causes an accident, it can lead to extensive medical bills and missed time from work. If you have been injured due to a vehicle defect, our Kingstree, SC, car accident lawyer is ready to assist you. Our car accident lawyer will gather relevant evidence to determine where the error occurred and who is responsible for your injuries. To schedule a free consultation to discuss your matter, contact the Law Office of Cezar McKnight online or by calling (843) 374-4529 today.