As a responsible driver, you make every effort to select a vehicle that you feel comfortable safely driving. You practice safe driving measures and abide by traffic regulations, and then the unexpected happens: an automobile mechanical defect. Car defects are one of the most common defective product claims. Faulty brakes, engine malfunctions, faulty seatbelts, defective tires, or steering wheels that fail, can lead to deadly consequences.
If you suspect a malfunction or defective part may have caused your car accident, contact our product liability attorneys at Regan Zambri Long for a free consultation.
High-Risk Vehicle Defects
Millions of older vehicles with defect risks are not getting fixed. Sometimes this is because the corrective parts are unavailable and sometimes it is because no one knows how to make the repair (USA Today, 2024). Design or manufacturing errors can put drivers, passengers, and pedestrians at serious risk. These defects can trigger serious injuries.
Design flaws in critical safety systems: The actual safety features in your vehicle may not meet safety standards. Seat belt defects, misaligned suspensions, electrical flaws, and failing response systems can cause accidents.
Defective airbag systems and deployment issues: Defective airbags can deploy with too much force, without any reason, and can fail to deploy upon impact, when needed most.
Brake system malfunctions and failures: Faulty brakes can jeopardize your stopping power capacity and even unexpectedly fail.
Manufacturers must be held accountable. If you’ve been injured due to a vehicle defect, contact Regan Zambri Long today for a free consultation to protect your rights. These defects can lead to tragic consequences, and car manufacturers must be held accountable for their negligence.
Your Rights When Vehicle Defects Cause an Injury
If you’ve been injured due to a defective vehicle, you have important legal rights and options for pursuing compensation. Here’s what you need to know:
Types of legal claims for defective vehicles: Product Liability Claims, Negligence Claims, and Breach of Warranty Claims are all examples of claims you may file, depending on the defect.
Time limits for filing claims: In Washington, DC, you have three years from the date of injury to file a vehicle defect claim. This timeline aligns with Maryland’s three-year statute of limitations, while Virginia has a shorter two-year window for filing.
Evidence needed to prove liability: Documentation, photos, recall notices, medical records, medical bills, vehicle maintenance records, and repair history.
Insurance coverage: Insurance may cover a portion of the damages, but companies are notorious for disputing claims involving defective vehicles. An experienced car accident attorney ensure your rights are protected, and to that you receive the full compensation you’re entitled to.
Don’t wait to seek legal help – we can help determine what type of claim(s) and course of action works best for your case. Schedule a free case evaluation with our experienced injury attorneys at Regan Zambri Long today.
Multiple Parties May Be Liable for Vehicle Defects
Although the vehicle manufacturer is typically the primary liable party, other parties may be involved in your claim, too. When vehicle defects involve multiple manufacturers, each jurisdiction in the DC metro area handles liability differently:
Washington, DC, follows pure joint and several liability, allowing plaintiffs to recover full damages from any responsible manufacturer, who can then seek contribution from other at-fault parties.
The system is more restrictive in Virginia, which doesn’t allow joint and several liability. Each manufacturer is only responsible for their proportionate share of damages, and any plaintiff fault bars recovery under contributory negligence rules.
Maryland falls between these approaches, using joint and several liability like DC but following Virginia’s strict contributory negligence standard. Maryland also provides additional protections under its Consumer Protection Act but has a more complex system for contribution between defendants.
Due to these significant differences, attorneys often strategically choose where to file when a case could qualify for multiple jurisdictions. In all three areas, these cases typically require legal expertise to identify and pursue claims against all responsible parties properly.
The vehicle manufacturers’ responsibility
The manufacturer is responsible for ensuring safe designs that protect consumers’ safety and that meet manufacturer industry standards. This includes testing for tire defects, seatbelt malfunctions, ignition defects and accelerator defects, to name a few. Manufacturers practice:
Conducting exhaustive safety testing
Addressing and communicating known defective parts (NHTSA, 2024).
Issuing timely and effective recalls
Parts manufacturers and supplier liability
Meet safety and performance design standards
Perform quality checks, thorough testing, and supply chain transparency
Disclose timely defect announcements, when present
Dealership responsibility
Pre-sale inspections
Initiate recall verifications
Provide thorough vehicle history reporting
Effectively communicate consumer safety defects
Maintenance facility liability for improper repairs
Make accurate diagnostics of reported defects caused
Use manufacturer-recommended replacement parts and repair methods
Supply thorough documentation of all performed works
Let our experienced team investigate all potentially liable parties in your case – contact our DC product liability attorneys now.
Documenting the defect and related damages: Take photos of manufacturing defects and/or damage that was caused. Keep repair and/or towing receipts.
Reporting procedures to regulatory agencies: File a complaint with the National Highway Traffic Safety Administration (NHTSA) at www.nhtsa.gov to help track and to communicate recalls.
Preserving evidence of the defect: Keep the vehicle in its current condition to preserve the state of the vehicle when you experienced the defect. Do not make unauthorized repairs or adjustments to the defective automotive part.
Medical documentation for injuries: Always seek medical evaluation following an accident — even if there does not appear to be an injury. Keep medical records and bills for proof.
If you’ve been injured, our legal team at Regan Zambri Long can guide you through the proper steps – reach out now for expert assistance.
Financial Recovery Options for Vehicle Defect Victims
Understanding your options for financial recovery after experiencing an injury due to vehicle defects can significantly impact your ability to receive fair compensation. Here’s what you should know:
Types of compensation available: The reparation, replacement, or refund of a compromised vehicle may be made available. Financial compensation can factor in economic and non-economic damages, possible punitive damages, out-of-pocket expenses, and relative future expenses.
Calculating current and future damages: Your current costs include your out-of-pocket costs, repair estimations, and recognized losses (your totaled car). Future damages may include anticipated repairs, vehicle replacement, or projected vehicle expenses due to the confirmed defect. In extreme circumstances, should you withstand an injury that compromises your lifestyle in a particular manner, there may be further financial compensation considerations to seek. An experienced lawyer can help you to assess the valuation of these instances.
Class action lawsuits vs. individual claims: Class action lawsuits have power in the collective effort, typically have longer wait times, have smaller rewards, are easy to manage, and have minimal fees. Individual claims are more particularized, require more documentation and invested time, offer higher compensations, resolve in less time, and have higher legal fees.
Settlement vs. trial considerations: Settlements guarantee a payout, have minimal legal fees, minimal wait times, and offer fast resolve. Trial considerations have risk associated with receiving or not receiving compensation, and heftier legal fees; however, a reputable and experienced attorney knows what it takes to collect documentation and present a case to get you the compensation that you are entitled to.
Don’t wait to seek legal help if you suspect a vehicle defect – early evaluation can prevent devastating consequences and protect your right to compensation. At Regan Zambri Long, our experienced attorneys have the proven track record and expertise to thoroughly investigate your case and fight for the financial recovery you deserve. Call us today for a free case evaluation to discuss your options.
Millions of older vehicles with defect risks are not getting fixed. Sometimes this is because the corrective parts are unavailable and sometimes it is because no one knows how to make the repair (USA Today, 2024). Design or manufacturing errors can put drivers, passengers, and pedestrians at serious risk. These defects can trigger serious injuries.
Although the vehicle manufacturer is typically the primary liable party, other parties may be involved in your claim, too. When vehicle defects involve multiple manufacturers, each jurisdiction in the DC metro area handles liability differently:
