Miami Defective Auto Part Lawyer: Sean M. Cleary 

Car Accidents Caused by Defective Auto Components in Miami

Since the National Traffic and Motor Vehicle Safety Act, which was enforced in 1966, over 66 million auto parts and components have been recalled because of serious defects in manufacturing across the country. Furthermore, approximately 390 million cars, trucks, buses, recreational vehicles and motorcycles have been recalled due to safety concerns.

Poorly designed, faultily produced or mismarketed car parts may lead to serious injury or wrongful death, whether on their own or in the unfortunate case of a car accident. In Miami, there were over 65,000 car accidents throughout 2017, which places Florida among the states with the highest number of car accidents.

What Injuries Can Defective Auto Components Lead To?

There are numerous auto components which may fail to work properly when the car is running and thereby multiple injuries drives and passengers are at risk of sustaining. The following are only some of the situations concerning defective auto components which can occur:

• Airbags which explode, fail to deploy, deploy when they should not, deploy too fast or with too much force. Airbags are meant to deploy and protect against the impact of a car accident, not cause injuries.
• Seat belts which unbuckle, fail or break during a car accident. One of the most fundamental parts of the safety equipment of a vehicle is the seat belt. If a belt unlatches or breaks during a car accident, a person can be seriously injured or even killed, as they may go through the windshield in the moment of the impact.
• Roofs which collapse during a rollover car crash. If the roll bars which have the purpose of rollover protection fail, the driver compartment becomes compromised and the passengers inside can be severely injured in a car accident.
• 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.
• 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 with a defective 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 which may lead to a car accident.
• The floor mat gets stuck and causes a car to accelerate when intending to brake. When the driver steps on the brake pedal, instead of braking, he may instead power the accelerator because of the faulty design of the floor mats in the car.
• Brake failure in a car. Brakes or brake lines which fail can leave a driver unable to control the vehicle, leading to a serious or even deadly collision.
• Windshield wiper assemblies which do not work properly. If the motors controlling a car’s windshield wipers are not working correctly in the middle of a rainstorm, you can lose visibility very fast and a dangerous car accident may ensue.
• Engine cooling fans which break. Defective cooling fans can injure a mechanic working on the vehicle and they can also result in a fire or explosion.

When it comes to the injuries drivers and passengers can suffer following a car accident which was the result of a defective auto component, they can be numerous and range in severity. However, a car accident caused by a malfunctioning auto part may also lead to death. The injuries below are the most common in the case of a car accident stemming from a defective auto component:

• Concussion or head injury
• Multiple lacerations
• Facial injuries
• Paraplegia
• Quadriplegia
• Spinal cord injuries
• Orthopedic and internal injuries
• Burns
• Broken bones

Recent Recalls on Defective Auto Components

Inadequate warnings of any dangerous aspects of the vehicle, such as failure to place a warning label where required, which would not be obvious to the average consumer can be a solid reason to hold the car manufacturer liable for the harm caused by the defective auto part. A vehicle may be considered defective if there is a manufacturing defect or a design defect.

A defective auto component can come from the automobile manufacturer itself or from a separate manufacturer, such as a tire manufacturer. Even automobile accessories can be defective and may lead to serious or catastrophic accidents. There are thousands of recalls for car and truck parts every year and many occur only after terrible car accidents in which people get seriously injured happen. The most commonly recalled auto parts include:

• Accelerator or brake pedals
• Ignition switches
• Airbags
• Brake components
• Door latches
• Fuel lines
• Gas tanks
• Steering columns
• Seats
• Transmissions
• Windshields
• Cooling systems

When there are consistent reports of accidents involving a specific vehicle, the National Highway Traffic Safety Administration gets involved. They usually conduct their own investigation or order the investigation to be conducted by another organization. If the investigative party finds a common defect affecting all of the vehicles, the agency will announce the recall. Unfortunately, the recalls are made too late, after several car accidents have already occurred. Some of the most recent car recalls due to faulty auto parts are:

• Chrysler recalled Ram trucks equipped with Cummins 6.7 L Turbo Diesel engines, because the vehicles’ water pumps may leak coolant.
• Ford recalled the model year 2017 Focus vehicles because an insufficient weld may have reduced the strength of the rear left side seat back.
• Model year 2017 Toyota Highlanders and Highlander Hybrids were recalled because the roof rails may loosen and possibly detach from the vehicle.
• General Motors Co recalled nearly 800,000 Chevrolet GMC Sierra 1500 and Silverado 1500 pickup trucks worldwide which could lose power steering.
• Ford recalled more than 400,000 vehicles for safety and compliance issues. The safety recalls impacted 2015-17 Ford Transit van and bus vehicles.
• BMW recalled over 45,000 7-Series cars because doors can malfunction and fly open.

Who Is Responsible for Defective Auto Components?

When the driver, the passengers or the pedestrians get injured in a car accident, the manufacturer of the vehicle or the seller can be held liable if one of the components of the car was found to be defective. Our law firm collaborates with auto technicians and accident reconstruction specialists who will carefully investigate the specific circumstances involving your car accident and our attorney will thoroughly evaluate your case.

For a product liability claim against the auto manufacturer, the attorney will need to prove that:

• The defective component was unreasonably dangerous.
• The vehicle was being operated under the intended use.
• The vehicle had not been substantially changed or 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 the 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, the car itself represents the main piece of evidence. Therefore, it is crucial for you to preserve it for a complete investigation by refraining to make repairs to it or alter it in any other way following the accident.

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 which were used primarily for personal or family-related purposes, excluding off-road vehicles, motorcycles, mopeds, the living facilities of recreation vehicles and trucks over 10,000 lbs. In order to qualify, a minimum of 3 repair attempts have to be made or, in other words, 30 calendar days out of service must pass. The coverage period is either 18 months or 24,000 miles (whichever occurs first). To receive a refund or a replacement of the car from the manufacturer under Florida’s Lemon Law, contact us for legal assistance with filing a claim.

How Can The Offices of Sean M. Cleary Help You in a Defective Auto Component Case?