A vehicle defect is any flaw in a vehicle that which causes the car to
depart from its design and operation as intended. Defects can be caused
by manufacturers, dealers, and owners. Vehicle defects created by auto
makers happen by way of poor vehicle design and or by a manufacturing
flaw. These defects can cause
dangerous car accidents.
Design defects are easily imaginable and the phrase itself imparts a definition.
These types of defects occur when auto makers did not design a vehicle
or vehicle part properly. The defect makes the vehicle unfit for operation.
The recent ignition switch recalls issued by GM is an example of a design
defect. However, any component in a car can be designed improperly. seat
belts, airbags, tires, and fuel tanks are examples of historical design defects.
Manufacturing defects are those flaws caused when the car was assembled.
If the car was manufactured in accordance with the design specifications,
the vehicle would be safe for operation. These flaws can be caused by
human error during assembly or by an engineering flaw somewhere in the
Owners of vehicles can also cause vehicle defects either by modifying the
vehicle or by failing to maintain the vehicle. Common defects related
to improper maintenance are not replacing subpar wipers and tires. Modification
defects typically seen are window tinting that is too dark and suspension
Well rounded, savvy, and
knowledgeable Newburgh car accident attorneys know that victims injured by vehicle defects can hold the offending party
responsible under different bodies of law; products liability and negligence.
The principles of products liability will apply to design and manufacturing
defects. The victim can sue the manufacture for compensation and any other
entity in the chain of distribution. Civil litigation founded in products
liability are some of the most complex suits seen in any court of law.
Experts in engineering, auto manufacturing, and vehicle design will be
needed for the plaintiff to prove his or her case. Moreover, multiple
defendants may be implicated. And of course, auto makers are some of the
largest corporations on earth. Their resources are almost limitless which
makes them hard defendants to challenge.
Vehicle defects are a common cause of motor vehicle accidents. If the vehicle defect was caused by the car owner’s alteration and
or failure to maintain the vehicle, than negligence will be the basis
for the victim’s lawsuit. Negligence is an act or failure to act
that causes foreseeable and preventable harm to another. Negligence is
subject to a “reasonable person” standard. If another reasonable
and prudent vehicle owner under the same circumstances would not have
done what the offending driver did, the offending party can be called
negligent. Any and all injuries and damages attributed to the negligence
Learn more about more of the common causes of motor vehicle crashes which
can be prevented in
our article posted here. Find out what happens when roadway debris causes a car accident in
our blog post available here. Also find out how bad rain and weather does not mean it was the storm’s fault, byclicking on the link available here to learn how a driver’s conduct in a storm must be commensurate with the risks.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.