Buying a new, like-new, or used vehicle is an experience requiring consumers to trust car manufacturers, until the car fails to perform the way it should and causes a dangerous accident.
Imagine driving happily off the dealership lot in a brand new car when suddenly the airbag deploys, causing a car accident which lands you in the hospital with serious injuries.
At this point, taking the car back, spending countless dollars on repairs, or facing a major company and its team of lawyers by yourself to prove they are at fault for the manufacturing defect appears hopeless.
If you or a loved one was involved in a car accident due to a defective motor vehicle, don’t go through the ordeal alone; contact the tough Houston car accident attorneys at Johnson Garcia LLP to fight by your side against the car manufacturing company.
Vehicle safety is priority and car manufacturers defects are serious
After much delay, Hyundai and Kia recently recalled 295,000 cars, due to the potential of the engines stalling or catching fire.
The Associated Press reported that the NHTSA fined these well-known car manufacturers because they moved slowly in their recall of more than 1 million defective engines.
According to the NHTSA Deputy Administrator, “Safety is NHTSA’s top priority. It’s critical that manufacturers appropriately recognize the urgency of their safety recall responsibilities.”
It’s the responsibility of these car manufacturers to fix vehicle errors before they cause harm. As a result, the National Highway Safety Administration ordered Kia and Hyundai to pay a combined $210 million in fines related to recalls due to the faulty engines.
Complex machines: Reasons for car accidents by defective vehicles
The average vehicle weighs approximately 4,094 pounds with thousands of moving pieces, parts, and gadgets. Many times, these parts don’t work as properly as they should due to manufacturer defects.
Car manufacturer errors consist of poorly-made, bad, or substandard car parts and designs. When either of the two cause injuries, the victim has the right to file a lawsuit for personal injury or wrongful death under Texas product liability laws.
Some of the major reasons for defective vehicle accidents that have claimed the lives of Texans include:
- Airbag defects
- Flawed tires
- Faulty engines
- Faulty door latch
- Seat buckle failure
- Defective car seats
Who is responsible for these vehicle defects?
When a vehicle glitch causes a car crash, several parties can be held liable but you as the victim should not bear responsibility for the vehicle defect.
When a product liability case coupled with a car accident case is handled by an experienced Houston car accident lawyer, multiple parties are brought into the case.
Vehicles are built by several companies, designers, and manufacturers who create each moving part. For this reason, an accident victim can recover a substantial amount of compensation from the following entities:
- Vehicle manufacturer
- Part manufacturer
- Vehicle repair shop
- The wholesaler
- Retail store
With all these possibilities on the table, it’s important to contact a Houston car accident lawyer immediately to help you decide who to sue.
Using Texas law to prove auto defects
While vehicle safety is a topic of concern in the United States, car makers owe a duty to the public to create a safe and reliable product.
Texas product liability law allows people to take legal action against car designers and car makers when the products they create cause harm to others.
Specifically, the Texas Civil Practice and Remedies Code Chapter 82 Section 82.005 provides two ways to hold a car manufacturer liable for a product liability claim for a design defect that caused a car crash:
- First, it must be shown that a design defect caused the accident; and
- Second, it must be shown that a safer alternative design could have prevented the accident.
When a plaintiff (you, as the person filing the lawsuit) proves the design defect is the cause of the accident and that a safer design may have prevented it, he or she is on the path to seek full recovery.
Keep in mind, Texas bases lawsuit recovery amounts on the percentage of fault. This recovery calculation is referred to in the legal world as comparative negligence theory.
Texas proportionate responsibility statute states that a claimant (again, you) can only recover compensation if he is responsible for less than 50% of his injuries.
Beware of the defenses that the manufacturer may use against your claim
Bringing any lawsuit before a court of law requires time and money, but product liability cases can quickly become expensive for the automobile manufacturer and its co-defendants.
It’s important for you as the plaintiff to have a solid case, because the manufacturer defendants will make it their priority to place the blame on you.
When given the opportunity, these manufacturer defendants will insist that you as the plaintiff changed or altered their product, and they’ll claim that this supposed alteration was the cause of your car accident and injuries.
This is where well-versed Houston accident lawyers provide valuable expertise in helping car manufacturing accident victims like yourself, establish a connection between the companies who designed the parts of the vehicle and the defective final product.
Take advantage of Johnson Garcia LLP insider knowledge
Don’t fight car manufacturers and insurance companies without proper legal representation in the State of Texas. With their previous experience as corporate insurance lawyers for some of the biggest companies out there, Johnson Garcia LLP is well-armed with insider knowledge on how to combat these big manufacturer companies. Contact Johnson Garcia LLP Houston car accident lawyers for a free consultation 24/7 at (832) 844-6700 and pay nothing unless we win your case.