My Car Is Defective and Caused or Contributed to an Accident. What Can I Do?

Posted on by in Product Liability

When driving, you rely on your vehicle's safety equipment to protect you in case of a car accident. However, sometimes all the equipment does is contribute to your injuries. This can happen when the car components that have the role to keep you safe malfunction.

A car has a mind-boggling number of complex, moving parts that must be designed and manufactured correctly to ensure a safe final product.

Poor decision-making at the car industry corporate level or cost-cutting can compromise the safety and effectiveness of these parts, putting all drivers at risk.

Injured in a Car Accident in Miami - Do I Have a Case?

If you were involved in a car accident and either you, or another driver, were driving a defective motor vehicle, and you sustained injuries, you may have a product liability claim against the manufacturer or other liable parties.

You may also have a product liability case if you caused a car accident when, for example, you swerved off the road and your car flipped, but in the accident, the airbags did not deploy or a sudden acceleration complicated the accident, and you suffered serious injuries.

Product liability attorney Sean M. Cleary has extensive experience in representing complex cases - such as rollovers of SUVs - involving motor vehicles that had defects in tires, seats, or airbags. In a product liability case our law firm has recently represented, the driver rear-ended the car in front of her, and although she was going 10 mph, the defective airbag in her car came out and exploded, causing her serious hearing damage.

In another case, although the driver was at fault and caused the accident by cutting across an intersection, it was a defective product in his own car that caused a serious injury. When his car was cutting the intersection, it was hit on the side slightly by another vehicle, the side airbag went off and broke a passenger's hand in 18 places. The passenger - the driver's wife - is currently unable to move her hand. Again, the airbag should not have gone off in this type of accident, but airbags can be very dangerous, particularly in hot states like Florida. Hot and humid weather can cause airbags to malfunction.

Defective Vehicle Parts That Can Cause Accidents in Miami

Child car seats may also be defective, so do not hesitate to contact Sean M Cleary, Miami's best product liability lawyer if a faulty car seat has injured your child.

If your dealership provided you with a defective car, that vehicle is known as a "lemon." Anytime you believe something is not working as it should in your vehicle, it's important to seek professional help as soon as possible.

In Florida, the federal and state "lemon laws" protect you from repair costs when you are a buyer of a new vehicle, an almost new vehicle, and some recreational vehicles. The Florida Lemon Law covers vehicles sold, transferred, or leased in the state of Florida, and used primarily for personal or household and family-related purposes, excluding off-road vehicles, motorcycles, trucks over 10,000 lbs., mopeds, and the living facilities of recreation vehicles.

If your vehicle is a lemon, the vehicle's manufacturer is required to provide a full refund for the full purchase price of the vehicle or replace your vehicle. Also, the manufacturer must cover your expenses.

To be deemed a lemon, the defective car that does not conform to the express written warranty provided by the manufacturer must repeatedly fail to meet standards of quality after:

  • A minimum of failed three repairs by the manufacturer or authorized service provider or
  • A cumulative 30 days - 60 days for a recreational vehicle - in the shop to be repaired.

Who Can Be Held Responsible in a Product Liability Case in Miami? The Retailer or Manufacturer?

Accidents resulting in catastrophic injuries require complex investigations to prove who is liable for the victim's suffering. Most of the time, the vehicle's manufacturer, the contractor, or any other party involved can be held liable. People injured in accidents involving defective car products may be entitled to compensation from the guilty companies.

Identifying defective car parts as the main reason for the injuries can be a complex and demanding process. In almost all product liability cases, there is a detailed inspection of the product where some part of the product is taken apart or dismantled. This way, experts can have a closer look at the design of the product, and make a determination as to why the product failed and why it gave rise to the injury. Experts give testimony as to why the product failed, why it was dangerous in its design, and the type of alternative designs that existed that could have been utilized to make the product safer.

Contact an experienced attorney immediately after the accident to increase your chances of recovering financial compensation for your damages.

Compensation for Miami Car Accident Injuries

Most product liability cases play an important role in our society because consumers need a legal means to seek compensation for their injuries.

The manufacturers are the only ones who could properly design and manufacture the product.

When a product is defective, a product liability claim is the only thing that causes manufacturing companies to have the incentive to design and manufacture safer products, and that will prevent injury to consumers when that product is used in a reasonably foreseeable manner.

If you suspect you may have a defective vehicle or that a defective part contributed to your accident, call us to learn more about the next steps you can take to build a legal case. Our knowledgeable and seasoned Miami product liability lawyer can advise you as to whether you have a viable claim and help you determine whether there is relief available for your injuries and damages.

Contact us today so we can review the evidence and facts in your case, advise you of your options, and help determine the best strategy for obtaining the compensation to which you are entitled.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.