Miami Defective & Recalled Auto Part Lawyer: Sean M. Cleary
How Can We Help After a Car Accident Involving a Defective or Recalled Auto Part?
We'll thoroughly investigate your car accident to prove that a defective auto component caused your injuries and pursue legal action to obtain financial compensation.
Sean M. Cleary
Top Rated Auto Parts Attorney in Miami
Since the National Traffic and Motor Vehicle Safety Act enactment in 1966, over 66 million auto parts and components have been recalled due to life-threatening safety defects. In addition, over 390 million cars, trucks, buses, recreational vehicles, and motorcycles have been recalled due to safety concerns. Auto part manufacturers, like any product makers, have a duty to ensure their products are safe before hitting the market. Poorly designed, faultily produced, or mismarketed auto parts may lead to serious injury or wrongful death.
Defective auto parts: Recent recalls
Inadequate warnings of any dangerous aspects of the vehicle (such as a failure to place a warning label where required) that would not be obvious to the average consumer can be a reason to a hold the car manufacturer liable for the harm caused by the defective auto part. A motor vehicle may be found defective if there is a:
Manufacturing defect: a car, or a part of the car, has been improperly manufactured. This can happen during the original manufacturing of the product, or because of certain repair, maintenance or shipping specifications were not properly followed.
Design defect: the vehicle was manufactured according to the approved design, but the design itself was unreasonably dangerous and slipped unnoticed.
A defective auto part can come from the automobile manufacturer itself or a separate manufacturer, such as a tire manufacturer or an aftermarket part manufacturer. Even automobile accessories can be defective and may lead to serious and catastrophic accidents. There are thousands of recalls for car and truck parts every year, and many occur only after car accidents where people get injured. Recalled auto parts include:
Accelerator or brake pedals
The body, transmission, frame or engine assembly
When there are consistent reports of accidents involving a specific vehicle, the National Highway Traffic Safety Administration (NHTSA) often gets involved. The NHTSA usually conducts its own investigation, or orders the investigation by another organization and, if the investigative body finds a common defect affecting all of the vehicles, the NHTSA will announce the recall, but unfortunately, they come too late after several car accidents already occurred. Recent car recalls due to faulty auto parts:
Tire failure in a car accident. The explosion of a tire is often the cause of loss of control of a vehicle. Tire failure can cause large vehicles to trip and roll over in car accidents. Improper thread wear can also cause steering loss, reduced gas mileage, and other situations.
Incorrectly designed ball joint in a car. A defective ball joint can cause the lower control arm of the car’s steering system to break and lead to a tire blowout. The driver can lose control of the car. The defect may also lead to a rollover and cause injuries.
Power steering defective in its design. While it may be possible to control the vehicle despite the loss of power steering, the sudden change in the amount of force required to do so may be surprising and create conditions that lead to a car accident and injuries.
The floor mat that gets stuck and causes a car to accelerate when intending to brake. When the driver steps on the brake pedal, instead of braking, he powers the accelerator, because of the design of the defective floor mats in the car. The car mats did not have any fasteners securing them in place, leading to horrible accidents and injured pedestrians.
Brake failure in a car. Brakes or brake lines that fail can leave a driver unable to control the vehicle, leading to a serious or deadly collision.
Windshield wiper assemblies that do not work properly. If the motors controlling a car’s windshield wipers are not working correctly exactly in the middle of driving through a rainstorm, you can lose visibility very fast, and dangerous car accidents can result.
Engine cooling fans that break. Defective cooling fans can injure a mechanic working on the vehicle, they can also result in a fire or in an explosion.
Defective vehicles and auto parts may cause serious car accidents, drivers and passengers may be left with debilitating injuries. Drivers and passengers after a car accident may suffer:
When either the driver, passenger or pedestrians get injured in a car accident, liability may rest with the vehicle's manufacturer or seller if the car or one of its components was found to be defective. Auto technicians and accident reconstruction specialists at The Law Offices of Sean M. Cleary will carefully investigate the specific circumstances involving your car accident, and our car accident attorney will evaluate your case. For product liability claims against an auto manufacturer, the attorney will need to prove that:
The defective car or component was "unreasonably dangerous."
The vehicle was being operated under the intended use
The vehicle had not been substantially changed/technically modified since the initial purchase
You suffered a physical, financial or emotional loss as a result of the defect
You were not aware of the defects. This can be established by examining the vehicle's condition and your description of vehicle use. Some states prohibit or limit your recovery if you had contributed in any way to your injury.
In the case of a car accident, since the car itself represents the main piece of evidence, it's highly recommended to:
Preserve your vehicle for a complete and thorough inspection
Do not repair your car so that an expert can analyze whether the vehicle's original state was preserved
Florida's Lemon Law regarding new defective cars was established to protect consumer rights if a new motor vehicle fails to meet the manufacturer's warranty after a certain number of repair attempts: it covers vehicles sold, transferred or leased in the state of Florida, and used primarily for personal or household/family-related purposes, excluding off-road vehicles, motorcycles, trucks over 10,000 lbs., mopeds and the living facilities of recreation vehicles; in order to qualify, a minimum of 3 repair attempts have to be made, or in other words, 30 calendar days out of service; the coverage period is either 18 months or 24,000 miles (whichever occurs first). To receive either a refund or replacement car from the manufacturer under Florida's Lemon Law, contact us for help and legal guidance in processing a claim.
How can we help with a faulty auto component car accident in Florida?
Our car accident attorney based in Miami, Sean Cleary, has extensive experience recovering damages for clients who suffered serious injuries or have lost a loved one due to negligently designed or manufactured vehicles and auto component parts that resulted in a serious car accident.
Determining liability in the event of a vehicle part malfunction can be challenging. It requires a high burden of proof that we are ready to investigate on your behalf. We will prove your case and pursue fair compensation. If you or someone you love has been injured or killed in a car accident, contact The Law Offices of Sean M. Cleary for a free case evaluation today. We can help you get your claim settled as fairly and quickly as possible or take your case to court if the settlement is not in your best interest. We'll guide you every step of the way, deal with the legal and insurance complexities, provide helpful advice and ease your mind so that you can focus on your medical treatment and recovery.
What to Do If the Manufacturer Won't Replace or Refund My Lemon Car »
If the manufacturer refuses or fails to offer a replacement vehicle or a refund for a 'lemon car' it is highly recommended that you hire an attorney to help you sue. The so-called 'Lemon Law' provides legal recourse for the purchase or lease of a defective new car that repeatedly fails to meet standards of quality after a minimum of three repairs or 30 days out of service.
Can I Recover Damages if I Don't Own the Car Involved in the Accident? »
Yes, you may be entitled to receive damages even if the car does not belong to you. However, you will have to prove that the component was unreasonably dangerous, that you were operating it as intended and were not aware of the defects, and that you suffered losses as a result of the accident.
What Is the Difference Between Crashworthiness Injuries and Injuries Caused by the Accident Itself? »
Injuries caused by a car’s crashworthiness are compensated separately from those caused by the accident itself. You can sue the driver at fault for compensation for your injuries, and you can also sue the manufacturer of the car or car part showing that the defect caused or exacerbated your injuries.
What Compensation Can You Get in a Defective Car Part Lawsuit? »
The compensation that you can get for being injured due to a defective car part generally consists of economic and non-economic damages. More precisely, victims or the victims' families can receive compensation for medical expenses, treatments, funeral costs, present and future lost wages, pain and suffering, inconvenience etc. In certain cases, punitive damages may be awarded to encourage manufacturers to fix inherent defects.