Car Accidents and Product Liability
The National Highway Traffic Safety Administration (NHTSA) estimates that about two percent of collisions happen because of a defective auto part or other vehicle problem. Over 9,400 people suffered injuries in car accidents in Illinois in one recent year, according to the U.S. Department of Transportation Federal Highway Administration, so hundreds of them were likely hurt because of a defective vehicle or part.
If you’re one of them, the Chicago car accident and product liability attorneys at Salvi, Schostok & Pritchard P.C. want to help you. Contact us today for a free, no obligation consultation.
How Salvi, Schostok & Pritchard P.C. Can Help With Your Car Accident Product Liability Claim
Product liability cases in Illinois are complicated, especially when the case involves defective auto parts. It is often challenging to demonstrate how a particular vehicle part failed and who caused the defect. Additionally, a product liability claim may have overlapping legal issues, such as cases involving a part with both design and manufacturing defects.
The Illinois product liability attorneys at Salvi, Schostok & Pritchard P.C. have ample experience with car accident cases involving defective vehicle parts. We know how to hold automakers and parts manufacturers accountable. Our successful case results consist of product liability claims, including one case in Lake County where we recovered more than $3 million for our client in a confidential settlement.
When you hire our law firm, you can expect us to help with all aspects of the case, including:
- Investigating the Accident: Our team can thoroughly investigate the accident scene, gathering critical evidence to determine the cause and build your case. We can obtain evidence to help establish how a motor vehicle defect led to the crash to prove liability against the vehicle manufacturer.
- Identifying Product Defects: We can locate the specific component that failed or contributed to the collision, laying the groundwork for your product liability claim against potential defendants.
- Consulting with Experts: Our firm can work with automotive experts and other professionals to gather supporting testimony for your case.
- Documenting Your Losses: We can determine how the crash has affected your life. Our team will work tirelessly to recover compensation for your medical expenses, lost wages, property damage, and other losses from the accident.
- Handling Insurance Companies: The compensation in these cases typically comes from the insurance policy covering product liability. We’ll take care of all the interactions with insurance companies for you, negotiating on your behalf to protect your rights and secure a fair settlement.
- Representing You in Court: If your case goes to trial because the insurer won’t make a fair offer, we can represent you, fighting for your rights and seeking the justice you deserve.
Types of Product Defects in Car Accident Cases
Product liability claims based on parts and vehicle defects usually fall under one of the following categories:
Manufacturing Defects
A manufacturing defect occurs during the manufacturing process. This is a mistake that affects one or a batch of products, leading to some parts being improperly made.
Defectively manufactured vehicles or parts can fail to work as intended, such as brakes not working when pressure is applied to them.
Design Defects
A design defect involves an unreasonably dangerous design. There are inherent defects, so all of the motor vehicles made under the design are defective. For example, an SUV may be considered a defective product if it is likely to flip over in case of sudden movement.
Either of these types of motor vehicle defects can result in a product liability case.
How Can Product Defects Cause Car Accidents?
Product defects in vehicles are not just minor inconveniences. They can be severe hazards that lead to collisions and injuries. Below are some common defects that lead to crashes:
- Electrical System Failures: Modern cars rely heavily on their electrical systems. Problems in this system can lead to loss of lighting, engine malfunctions, or unexpected stalls, all of which can cause accidents.
- Transmission Issues: A defective transmission can lead to a loss of power while driving, unexpected shifting, or stalls. These issues are particularly dangerous during high-speed driving or in heavy traffic.
- Fuel System Defects: Problems with a car’s fuel system, like leaks or blockages, can lead to engine failure or fires, posing a significant risk of overheating and explosion.
- Steering System Failures: Problems with the steering system can cause the vehicle to inadvertently turn in another direction or fail to turn when the driver notices a hazard.
- Suspension Failures: The suspension system is vital for vehicle stability. Defects in this system can affect handling and control, especially at higher speeds or during turns, leading to accidents.
- Brake Malfunctions: Brakes are complex safety features vital to a motor vehicle’s safe operation. If any of these components fail, a driver could be unable to stop the car in time to avoid a collision.
- Defective tires: Issues with the structural integrity of a tire can cause it to rupture suddenly, leading to a critical loss of control.
What About When Safety Features Fail To Work?
Rather than causing an accident, defective safety features fail to mitigate the impact of a collision. Consequently, accidents that could otherwise have been minor can become catastrophic. Our Chicago product
liability lawyers have substantial experience with these cases and know how to hold parts manufacturers accountable for these defective products. Some examples of safety feature failures that can cause motor vehicle accidents include:
- Airbag Defects: Airbags are crucial for protecting occupants during a crash. If they deploy unexpectedly, fail to deploy, or deploy with excessive force, they can cause additional or more severe injuries in an accident. The Takata airbag recall illustrates what can happen when a feature designed to protect drivers and passengers fails to work as expected, as at least 27 deaths have been linked to the product defect.
- Seat Belt Failures: Seat belts are the first line of defense in a crash. A failure to latch properly can increase the risk of severe injury or death in an accident.
Who Is Responsible If Defective Car Parts Cause Car Accidents?
Cars contain thousands of vehicle parts. If one of these auto parts is defective, the part manufacturer can be named in a defective car lawsuit. However, it may also be possible to name the vehicle manufacturer as a defendant in a lawsuit. Vehicle manufacturers have a legal duty to ensure that the parts used in the vehicle are reasonably safe. If they fail to do so, they could be to blame for the resulting injuries.
The key to a car accident product liability claim is to identify who caused the defect and, therefore, bears responsibility for the crash. This could be the automaker or another party, such as retailers, distributors, or car dealerships.
How Does a Recall Impact a Car Accident Claim?
Just because an automaker has issued a recall does not mean they are automatically liable or immune from responsibility for a crash. A recall is an admission by a vehicle manufacturer that there is a defect with one or more of a car’s parts. That makes a recall a powerful piece of evidence in your favor. An experienced Chicago car accident lawyer from Salvi, Schostok & Pritchard P.C. can explain how a recall might affect your personal injury claim.
What Is the Deadline to File a Product Liability Case in Illinois?
In most cases, Illinois law gives you two years from the date you sustained your injuries to file a lawsuit against any potentially liable parties. However, not all car accident injuries are immediately apparent. If you did not realize your injuries right away, the discovery rule gives you two years from when you found out or reasonably should have found out about your injuries to file a lawsuit.
The discovery rule imposes an additional limitation to prevent an unlimited filing period. Under the Illinois statute of repose for product liability claims, you must file a lawsuit within the earlier of these two deadlines:
- 12 years from the date of the first sale, lease, or delivery of the car by its seller
- 10 years from the date of the first sale, lease, or delivery of the car to its initial user
The bottom line is that you need to speak to an attorney as soon as possible after an accident. If you wait too long to act, the courts will dismiss your case, costing you your chance to recover compensation.
Contact Salvi, Schostok & Pritchard, P.C., for Help With Your Crash
The Chicago, Illinois product liability lawyers at Salvi, Schostok & Pritchard P.C. can champion your rights as you pursue fair compensation after a collision. Call (877) 975-7991 or complete our contact form for a free, no obligation consultation
