Automobile Defects
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Auto defects and defective car products can result in catastrophic and severe personal injuries and death, and with Florida’s economic downturn, cars are predicted to be on the road longer, with older cars staying on the road and used cars being sold in greater numbers. It is expected that auto defect cases will, accordingly, be on the rise both in the state of Florida and across the nation.
What types of auto defects cause serious personal injury?
Even the most minor auto defect or defective car product can cause severe harm to a person in certain circumstances. For example, driving at even low speeds can still result in serious injury to either a driver or passenger if a car seatback collapses, causing the occupant to suddenly fall backward and exposing their spinal column, neck, and head to serious injury.
Other serious injuries that can occur at relatively low speeds include failures in child car seat restraints, door latches allowing doors to fly open, and airbags unexpectedly inflating. All-terrain vehicles and SUVs are both vulnerable to roll-overs at even low speeds if driven on an uneven terrain, and rollovers are particularly dangerous for traumatic brain injury and spinal cord injury –either of which can result in permanent paralysis (quadriplegia or paraplegia).
What are the most common auto defects?
- Airbags
- ATV – Rollovers
- Brake Failure
- Brake-Shift Interlock
- Car Seat
- Crashworthiness
- Door Latch Failure
- Electrical System Failure
- Fire (Gasoline)
- Roof Weakness (Collapse)
- Seatback Weakness (Collapse)
- Seatbelts
- Sport Utility Vehicle (SUV) - Rollovers
- Tires - Blowouts
- Window Defects
What law applies to auto defects?
Federal law does set standards that auto manufacturers as well as car part makers are required to meet. However, these standards are only the minimally acceptable levels of safety, and there are no federal inspections to insure that these standards are being met.
In Florida, there are state statutes as well as common law negligence that allow those injured by auto defects to find justice when they or a loved one has been injured by an auto defect. However, the remedies that are found within these laws must be achieved through the assertion of a claim or the filing of a lawsuit before relief will be provided. There is no legal requirement that those responsible for auto defects proactively take responsibility for their failed products.
What is crashworthiness?
Lawsuits based upon the crashworthiness of a car deal with how poorly the vehicle structurally protected the occupants during a collision, focusing upon either the overall structural integrity; the ability to safely restrain the occupants during impact; or the performance of the fuel system safety features (i.e., was gasoline spilled, did a fire result).
What are rollovers?
Rollovers happen when the vehicle loses balance and literally, rolls over. Weak roofs or seats can compound the severity of injury during a rollover. Certain vehicle designs, particularly those involving All Terrain Vehicles (ATVs) and Sport Utility Vehicles (SUVs), are inherently predisposed to rollover and may constitute a design failure warranting a products liability lawsuit with its lower burden of proof upon the plaintiff.
What about recalls?
Recalls are commonplace today, with manufacturers oftentimes voluntarily issuing recalls of their cars so that defects can be repaired or replaced in advance of any incident. Occasionally, the federal government will issue recalls based upon failed safety standards, as well.
The National Highway Traffic Safety Association of the Department of Transportation monitors all recalls dealing with motor vehicles in the United States. Complaints can be lodged at their offices, and their database of recalls can be searched and downloaded at their website, http://www-odi.nhtsa.dot.gov/recalls/.
If you or a loved one has been seriously injured or killed due to an auto defect or defective car part, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Miami personal injury lawyers at J.B. Harris, P.A. to schedule a free initial legal consultation at (305) 374-6360.
