Were you hurt in a car accident caused by a mechanical defect with your vehicle? You could do everything right in maintaining your vehicle and still not know a defect exists until it’s too late. If this has happened to you, you have the right to seek full and fair compensation from the vehicle manufacturer. An experienced Charlotte injury attorney like those at DeMayo Law Offices could help you get it.
You do everything to keep your vehicle in good running condition. This vehicle is your way to work, to school, and to adventure. So why did it fail you and leave you reeling from an unexpected accident? Normal wear-and-tear isn’t always the answer — sometimes it’s much more serious. Car and mechanical defects can feel like time bombs just waiting to explode when you least expect it.
At DeMayo Law Offices, we believe that all drivers have a right to expect that the vehicle they bought is reasonably safe and reliable and won’t cause them harm. When automakers or parts manufacturers skimp on quality or safety, they put all Charlotte-area drivers at risk.
If you or someone close to you has been involved in a serious accident and you believe a defective part may be to blame, you have legal options for recovering compensation. For more information on how you can hold negligent parties responsible and get the money you need for your medical bills, contact the legal team of Charlotte car accident lawyers at DeMayo Law Offices. We offer a no-obligation case evaluation to help you review your options. Call (704) 333-1000 to schedule yours today.
What is a Car or Mechanical Defect?
When a consumer purchases a vehicle, they have the reasonable expectation that it is safe and will operate as advertised. Unfortunately, that isn’t always the case and the products we purchase don’t always work as intended.
Defects in consumer goods are not uncommon and can cause serious injuries. However, defects in automobiles can be dangerous and sometimes deadly. What constitutes a car or mechanical defect? The textbook definition of a car or mechanical defect is any malfunction in a motor vehicle system or part that impacts the safety or normal use of a vehicle. These defects can impact any vehicle system, including the transmission, hydraulic system, brakes, motor, tires, or any other portion of a functional vehicle.
There are two major types of defects. The first is what is known as a manufacturing defect. A manufacturing defect is a flaw that impacts the production or manufacturing of a specific part. There is no inherent flaw in the design of the part. The flaw is usually in the creation of the part. Any number of mistakes on the production line can lead to a part that is ill-sized, ill-fitting in relation to other parts, or structurally weaker than intended. Even a minor manufacturing defect can impact entire operating systems and impact an automobile’s safety and performance.
The second type of defect is called a design defect. This defect is a flaw in the design of a vehicle. This flaw can make the entire vehicle structurally unsound and unsafe to operate. A design defect can make certain vehicles more prone to rollover accidents or wheels more prone to locking in one position. In either case, the defect makes operating the vehicle dangerous and can lead to serious consequences for an unsuspecting driver.
What is a Recall?
The first thing that may come to mind when you think of a car or mechanical defect is a recall.
A recall happens when a car manufacturer or the National Highway Transportation Safety Administration finds that a vehicle or a specific vehicle part causes an unreasonable safety risk to the public. Either entity may also find that a vehicle or vehicle part fails to meet minimum safety requirements. In either case, they may decide to issue a safety recall.
The problem with safety recalls is that accidents have already occurred. Typically, the complaints and subsequent lawsuits from these accidents spur the manufacturer to issue the recall. So even if your car is not on an active recall list, your accident may still be the result of a defective car or mechanical part.
That’s why it is important to contact an experienced law firm following a collision where you suspect a defective part was to blame. With an attorney working for you, you are giving yourself the best opportunity to recover the compensation you deserve. You may also be saving others from the excruciating trauma of a serious car defect accident.
Common Car and Mechanical Defects
Car or mechanical defect accidents can happen when just one part fails, like a tire blowing out, or when a part fails and causes a chain reaction of events that lead to serious malfunctions within a vehicle. While the number one cause of accidents today is still negligent driving behavior, the National Highway Transportation Safety Administration found that car and mechanical defects play a role in at least 2 percent of vehicle collisions.
That may sound small, but it still amounts to thousands of serious accidents because a manufacturer failed in their duty to provide a reasonably safe product. Tire and wheel failures were to blame for the majority of defect accidents, while issues with braking systems come in at a close second. These are some of the most common types of car and mechanical defects that impact consumers:
- Airbag failures – Airbags that don’t deploy in a serious accident, or deploy when they are not needed, or deploy too fast and with too much force
- Seatbelt failure – Seatbelts that don’t latch or don’t stay latched in a crash
- Inadequate rollover protection – Roofs that collapse or have poor distribution of weight or center of gravity
- Electrical system failures – Electrical fires
- Wheel and tire failures – Tires susceptible to blowing out, or tire components that break, or wheels or rims that crack
- Brake failures – Issues with brake lines
- Unintended acceleration
- Power steering failure
- Seats that collapse
Who is Liable for Automotive Defects?
So, who can be held responsible following a car or mechanical defect? The answer is not always simple.
In many instances, a car manufacturer, a parts manufacturer, or both may be responsible for an automotive defect accident. However, holding a major manufacturer liable for an accident can be difficult because these entities have teams of lawyers working on their behalf. Why? Because their most important goal is to keep profits high. Paying out claims for defective cars and parts hurts the company’s profit margins and their image. Admitting wrongdoing could even result in an expensive recall. It’s often cheaper for them to use their lawyers to tear apart your claim and dismiss you altogether.
Car and part manufactures aren’t the only entities that can be held responsible for a car or mechanical defect. Several other parties may also have a role to play. You may also be able to seek compensation from the following:
- Car manufacturer
- Parts manufacturer
- Car dealership
- Used car dealer
- Auto insurance company
Large companies, multiple plaintiffs, big time-attorneys, aggressive insurance adjusters — getting the compensation you deserve for a car defect accident sounds intimidating.
That is why you need your own attorney who will fight to protect your rights and build a solid case backed by facts and evidence. A skilled and experienced attorney will conduct a complete investigation into your accident, gather supporting evidence, determine who is liable, and aggressively negotiate on your behalf for the compensation you deserve. When a large company or an insurance company doesn’t want to negotiate in good faith, the attorneys with DeMayo Law Offices aren’t afraid to take them to court. We don’t stop until we help you get what you are entitled to.
Contact an Experienced Charlotte Car Defect Law Office
Carmakers and parts manufacturers have a responsibility to the public to provide reasonably safe vehicles. A flaw in even the smallest part can lead to catastrophic mechanical failure and a serious, even deadly, accident. When you’ve done everything right and a defective part is to blame for an accident, should you be left footing the bill? At DeMayo Law Offices we don’t think that’s justice.
If you or someone you love has been impacted by a car or mechanical defect accident in Charlotte, the legal team at DeMayo Law Offices wants to help. We have the experience and the resources to hold car companies, parts manufacturers, and insurance companies accountable for accidents caused by defects.
Contact our office today by calling (704) 333-1000 to schedule your no-obligation case review. We will examine the circumstances of your accident and lay out your legal options. The next move is up to you. Call us today to go after the compensation you deserve.