Most car accident cases we see at Buttafuoco & Associates involve one or more negligent drivers, but when the accident is the result of a defective vehicle or auto part, the case becomes more complicated—and much more difficult. That’s because the liable party is typically a huge corporation with deep pockets and vast legal teams hired with the mission to pay out as little as possible.
If you’ve been injured in a crash caused by a defective vehicle, Buttafuoco & Associates is ready to help. We’ll gather the evidence, bring in expert witnesses, and go toe-to-toe with the big manufacturers.
Types of Vehicle Defects
Vehicle defects can be the result of negligent design or negligence during the manufacturing process, and many of the issues that arise can be deadly. According to our defective vehicle attorneys serving New York, common examples include:
- Airbags that fail to deploy or deploy incorrectly, causing injury.
- Gas pedals that can become stuck or trapped by loose floor mats.
- Seatbelts that don’t safely restrain passengers in a crash.
- Child car seats that do not secure properly in the vehicle.
- Wiring that is either faulty or placed too close to heat sources.
- Tires with tread that separates from the tire wall.
In some cases, only a specific batch of vehicles or parts is defective, such as those built in a certain facility or during a specific time period. In other cases, thousands of cars may be defective, putting many drivers at risk. Ideally, vehicle manufacturers issue a recall when they become aware of the problem, but this is not always the case.
Liability in a Defective Vehicle Accident
In personal injury law, defective vehicle design is considered a product liability case, so who may be held liable depends on the nature of the defect:
- If the flaw was part of the vehicle’s design, the automaker is usually responsible.
- If the defect is a result of a specific part, such as tires, airbags, or seatbelts, then the component manufacturer may be liable.
Sometimes the nature of the defect is not so clear-cut, and both the automaker and the part manufacturer share responsibility. Determining who’s at fault in these cases takes thorough investigation and a keen understanding of product liability law, so we recommend finding qualified legal representation from a New York defective vehicle attorney.
Evidence to Prove Defective Vehicle Design Caused Your Accident
To win a personal injury case for a defective vehicle requires that you prove two things. First, that the defect caused the accident, and second: that the accident resulted in harm
Defective vehicle cases usually require the same types of evidence as most car accidents, including:
- Photos or videos of the scene and damage
- Witness statements
- Police reports
- Medical records
But in addition, defective vehicle or component cases frequently call for additional evidence, including:
- Expert testimony: This is often from engineers who can examine and explain flaws in design or construction of the vehicle.
- The vehicle itself: Preserving the vehicle is crucial. Do not let the insurance company or towing company destroy it, so you can use it as evidence. Ensure you know the location of the vehicle and notify your legal team as soon as possible.
Damages for a Defective Vehicle Accident
If you were injured because of a defective vehicle or component, you are likely entitled to recover any damages typical of personal injury cases, including:
- Current, ongoing, and/or future medical expenses
- Lost wages
- Pain and suffering in the case of serious injuries
You may also be eligible to recover punitive damages. These damages are meant to punish reckless manufacturers for selling dangerous products. However, it’s far more difficult to bring a case involving punitive damages. To ensure you receive the compensation you deserve, make sure you work with an experienced New York car accident attorney.
Buttafuoco & Associates has the knowledge and resources to go up against vehicle manufacturers and hold them accountable for their negligence.
Call 1-800-NOW-HURT to schedule a free case evaluation.