With decades of experience handling auto defect cases that result in personal injury, our attorneys are here to help you.
Since opening our doors in 1979, we’ve been dedicated advocates for safer products and practices. Recognized nationally, we’ve successfully litigated cases as trusted vehicle defect lawyers against corporations responsible for designing or manufacturing defective vehicles, including issues with faulty airbags, car roofs, seat belts, seats, and gas tanks.
The National Highway Traffic Safety Administration (NHTSA) plays a crucial role in ensuring vehicle safety across the United States. The NHTSA oversees vehicle recalls, defect investigations, and the enforcement of safety standards. If you believe your accident may have been caused by a defective part, you can visit the NHTSA’s recall page at https://www.nhtsa.gov/recalls to check for updates. Additionally, the NHTSA provides comprehensive information on motor vehicle defects and recalls through their official document, which can be found at https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/mvdefectsandrecalls_808795.pdf. These resources are invaluable for staying informed about safety issues and protecting consumers from potential risks.
- Ensure Immediate Safety and Seek Medical Attention
- Prioritize your safety and that of others involved.
- Call emergency services to report the accident and obtain medical assistance if needed.
- Obtain a medical evaluation, even if injuries seem minor, as symptoms may develop later.
- Document the Scene and Preserve Evidence
- Take photos of the accident scene, vehicle damages, and any visible defects on the vehicle.
- Collect witness statements and contact information.
- Keep a record of any medical treatments, repairs, and related expenses.
- Contact a Car Defect Lawyer
- Consult with an experienced car defect attorney, like those at Murphy & Prachthauser, who specialize in handling cases involving vehicle defects.
- Schedule a consultation to evaluate the viability of your claim and discuss potential legal options.
- Request a Comprehensive Investigation
- Your attorney will initiate an investigation to identify whether a defect contributed to the accident.
- The investigation may involve inspecting the vehicle for design or manufacturing defects, consulting experts, and reviewing recall histories.
- Identify Liable Parties
- A thorough investigation will help identify the party or parties responsible for the defect. Potential defendants may include the vehicle manufacturer, parts suppliers, or mechanics.
- Your attorney will gather crucial evidence such as recall notices, repair records, and expert testimony to build your case.
- Preserve and Secure All Evidence
- Work with your attorney to ensure that all evidence related to the defect and accident is preserved, including the defective parts and vehicle data.
- Timely preservation of evidence is critical to preventing the loss of key information.
- File a Claim or Lawsuit
- Once liability is determined, your attorney will assist in filing a claim with the responsible party’s insurance company or filing a lawsuit if necessary.
- They will handle all paperwork, deadlines, and negotiations to ensure you receive fair compensation for your injuries and damages.
- Negotiate a Settlement or Pursue Litigation
- Your attorney will negotiate with insurance companies or legal representatives to secure a fair settlement. If a settlement cannot be reached, they will represent you in court.
- Throughout the process, your attorney will work to ensure your interests are protected and you are compensated for medical expenses, lost wages, and pain and suffering.
- Stay Informed and Participate in the Legal Process
- Stay engaged in the legal process by communicating with your attorney and providing any necessary information or documentation.
- Be prepared for ongoing updates and potential hearings or court appearances.
- Receive Compensation and Closure
- Once your case concludes, you will receive compensation based on the damages proven in your case.
- The closure of the legal process will allow you to focus on recovery, knowing that the responsible parties have been held accountable.
By following these steps, and with the assistance of experienced legal professionals at Murphy & Prachthauser, you can pursue a strong case against the responsible parties and seek justice for the injuries caused by a vehicle defect.
In Wisconsin, consumers have several legal protections if a vehicle defect contributes to an auto accident. These protections include both state and federal laws that hold manufacturers, suppliers, and others in the automotive industry accountable for defects that result in accidents or injuries. Here’s an overview of the key protections:
- Product Liability Laws
- Strict Liability: Under Wisconsin’s product liability laws, manufacturers can be held strictly liable for defects in their vehicles that lead to accidents or injuries. This means that the injured party does not need to prove negligence; they only need to prove that the defect existed and caused harm.
- Defect Types: Product defects may include issues with the design, manufacturing, or labeling of the vehicle or its parts. A defect may cause malfunctioning brakes, airbags that don’t deploy, or tires that blow out unexpectedly, all of which could contribute to an accident.
- Compensation: Consumers injured by a defective vehicle in an accident may be entitled to compensation for medical expenses, pain and suffering, lost wages, and property damage.
- Federal Vehicle Safety Standards (FMVSS)
- Safety Standards: Vehicles are required by federal law to meet certain safety standards set by the National Highway Traffic Safety Administration (NHTSA). If a defect violates these standards and contributes to an accident, the manufacturer may be held liable.
- Recalls: If a defect is identified as a safety issue (e.g., defective airbags or brakes), the NHTSA can issue a recall, and the manufacturer must repair or replace the affected vehicle or parts. If the defect leads to an accident before the recall is addressed, the manufacturer may still be held liable for damages.
- Negligence and Failure to Warn
- Negligence Claims: In some cases, consumers may pursue a negligence claim against the manufacturer, particularly if the defect was due to poor design, manufacturing errors, or inadequate safety measures. For example, if a manufacturer failed to test a critical vehicle system properly or ignored consumer complaints about a defect, the consumer may be able to sue for damages caused by the accident.
- Failure to Warn: If a manufacturer was aware of a defect but failed to warn consumers or issue a recall, they can be held liable for accidents caused by that defect.
- Recalls and NHTSA Protection
- Recall Process: If a vehicle is recalled due to a defect, consumers are entitled to a free repair, replacement, or refund from the manufacturer. If the consumer’s vehicle was involved in an accident before the recall repair was performed, the manufacturer could be liable for damages.
- NHTSA’s Role: Consumers can file complaints with the NHTSA about vehicle defects, and the NHTSA may initiate investigations or recall actions if defects are linked to safety concerns that could lead to accidents.
- Legal Action and Attorney Consultation
- Pursuing Legal Action: Consumers who have been involved in an auto accident due to a vehicle defect should consult with an experienced car defect attorney in Wisconsin. An attorney specializing in car defects can help identify responsible parties, gather evidence (e.g., defective parts, accident reports), and file a claim for damages.
- No-Fault Insurance Claims: In Wisconsin, consumers may also pursue insurance claims for medical expenses and other damages related to the accident, depending on the nature of the accident and insurance coverage.
- Statute of Limitations
- Time Limit to File a Claim: In Wisconsin, consumers have a limited time period to pursue legal action for accidents involving vehicle defects. The statute of limitations for product liability and personal injury claims is typically three years from the date of the accident or when the defect is discovered.
In Wisconsin, common auto vehicle defects that can cause accidents include a range of issues related to design, manufacturing, and maintenance. These defects can impair vehicle performance, safety features, or handling, leading to crashes or injuries. Here are some of the most frequent vehicle defects that are known to cause accidents:
- Brake System Failures
- Defects in the braking system are one of the most dangerous issues a vehicle can experience. Faulty brakes, whether due to defective brake pads, malfunctioning brake lines, or issues with the anti-lock braking system (ABS), can cause vehicles to lose stopping power and lead to accidents.
- Causes: Manufacturing defects, improper installation, wear and tear, or poor maintenance.
- Consequences: Increased stopping distance or complete brake failure, leading to rear-end collisions, crashes into pedestrians, or accidents at intersections.
- Airbag Malfunctions
- Airbags are crucial for protecting passengers in the event of a collision. A defective airbag might fail to deploy during a crash, or deploy unintentionally, leading to severe injuries.
- Causes: Defective sensors, faulty inflators, poor manufacturing, or software issues.
- Consequences: Passengers may not be properly protected in a crash, leading to greater injury or death.
- Tire Blowouts or Defects
- Tire defects, such as poor manufacturing, weak sidewalls, or tread separation, can lead to sudden blowouts while driving at high speeds, causing drivers to lose control of the vehicle.
- Causes: Manufacturer defects, under-inflation, overloading, poor tire maintenance, or road hazards.
- Consequences: Sudden loss of control, rollovers, and accidents due to driver inability to safely navigate the vehicle after a blowout.
- Steering System Failures
- Steering defects can include issues with the steering rack, power steering system, or suspension components, leading to poor vehicle control.
- Causes: Defective parts, manufacturing errors, or wear and tear on steering components.
- Consequences: Sudden loss of steering control, which can result in accidents, particularly at high speeds or while making sharp turns.
- Fuel System Defects
- Fuel system failures can result in gas leaks, engine fires, or explosions in the event of a collision. Defects in the fuel pump, fuel lines, or fuel tank design can be hazardous.
- Causes: Manufacturing defects, poor design, or issues with fuel system components.
- Consequences: Risk of fire or explosion during an accident, leading to serious injuries or fatalities.
- Defective Electronic Systems
- Electronic defects in modern vehicles can cause malfunctions in critical systems such as the engine control unit (ECU), electronic stability control (ESC), or traction control. Failure of these systems can impair the vehicle’s ability to respond in emergency situations.
- Causes: Software malfunctions, electrical wiring issues, or faulty sensors.
- Consequences: Unexpected vehicle behavior, loss of traction, and difficulty in controlling the vehicle, especially in poor weather conditions.
- Defective Lighting and Visibility Issues
- Headlights, taillights, and turn signals are essential for visibility and communication with other drivers. A defect in these lighting systems can lead to visibility issues, increasing the risk of accidents.
- Causes: Faulty wiring, defective bulbs, or poor manufacturing.
- Consequences: Reduced visibility, especially at night or during adverse weather conditions, leading to rear-end collisions or failure to signal lane changes.
- Transmission Failures
- Transmission defects can result in the vehicle unexpectedly jerking or failing to shift gears properly. This can lead to dangerous driving conditions, especially on highways or in stop-and-go traffic.
- Causes: Manufacturing defects, faulty parts, or lack of maintenance.
- Consequences: Loss of power or control, especially if the transmission fails suddenly while driving at high speeds.
- Suspension System Failures
- Suspension defects can lead to poor handling and stability of the vehicle. A malfunctioning suspension system can cause excessive bouncing or swerving, particularly on uneven or rough road surfaces.
- Causes: Faulty shocks or struts, worn-out suspension components, or poor design.
- Consequences: Reduced control of the vehicle, especially on curves, rough roads, or when making quick maneuvers.
- Defective Windshield Wipers
- Windshield wiper defects can hinder the driver’s ability to see clearly during rain or snowstorms, increasing the likelihood of accidents due to poor visibility.
- Causes: Faulty wiper motor, worn-out wiper blades, or poor manufacturing.
- Consequences: Impaired visibility in inclement weather, leading to crashes or inability to stop in time.
- Defective Door Latches
- Faulty door latches can cause doors to open unexpectedly during driving or in the event of a collision.
- Causes: Manufacturing defects, wear and tear, or improper installation.
- Consequences: Increased risk of ejection from the vehicle in the event of an accident or the door opening during high-speed driving.
- Brake Light Defects
- Defective brake lights can prevent other drivers from knowing when you are slowing down or stopping, which can result in rear-end collisions.
- Causes: Broken bulbs, wiring issues, or defective switches.
- Consequences: Lack of clear warning to other drivers, especially in heavy traffic or at night.
Motor Vehicle Defect Lawyers - Common Questions
Crashworthiness is a measure of a vehicle’s capacity to protect occupants from injuries in every type of impact, a concept derived from the aviation field. As trusted car defect lawyers, we understand that automobile manufacturers have a legal duty to design and produce vehicles that prioritize occupant safety during foreseeable vehicular accidents.
- Rollover—roof crush
- Rollover—stability
- Seat defects
- Seat belt defects
- Air bag defects (front, side, curtains)
- Unintended acceleration
- Park to reverse
- Tire defects
- Fuel system defects
Rollovers are survivable if vehicles provide basic occupant protection. Unlike front or side-impact crashes, where a large amount of energy must be absorbed quickly, rollovers dissipate energy over a longer period and distance. This results in lower forces on occupants compared to frontal or side impacts, making survival possible with proper occupant protection. As an experienced motor vehicle defect lawyer, we advocate for accountability when manufacturers fail to meet these safety standards.
Vehicle defects that contribute to occupant injury in rollovers include:
- lack of adequate roof and pillar strength
- seat belts that do not safely hold occupants in their seats
- seat belts that unlatch
- door locks and latches that fail allowing ejection
- lack of glazing in the side or rear window that can help keep occupants inside vehicles
- lack of side curtain airbags, which can prevent ejection
Some Seatbelt Defects Include:
- Lap-Only Seat Belt Risks: Frontal collisions are the most common type of auto accident, and occupants using a lap-only seat belt face significant risks. These belts can cause occupants to “jackknife” over the belt, leading to severe abdominal or spinal cord injuries or causing the head to strike the front seat or center console, resulting in neurological damage. A 3-point seat belt system, which restrains both the upper and lower torso, offers far greater protection than lap-only belts. Cases involving lap-only belts frequently affect children and women, whose smaller statures make them more vulnerable to injuries from seat belts designed for a 50th-percentile male dummy. These individuals are often seated in the rear center seat with lap-only belts when injuries occur. As an experienced car defect attorney, we are committed to holding manufacturers accountable for unsafe seat belt designs.
- Improper Anchor Location: The location in which seatbelts are anchored to the vehicle may not provide effective restraint in some accidents, including rollovers, because it permits excessive excursion of an occupant in a collision. If improper anchor points create a lack of balance between the upper and lower torso or shoulder belt and lap belt, then even though an occupant of a vehicle is wearing both the lap and shoulder belts, the occupant may suffer serious injuries depending upon where the imbalance lies.
- “Submarining” Under The Seat Belt: “Submarining” occurs when a lap belt rides over the pelvis and penetrates the abdomen. When this occurs, the forces generated in a collision are shifted from the strength of the pelvis into the weaker abdomen of the occupant. Such occurrences may arise with a lap-only belt or an improperly designed lap/shoulder belt restraint system.
- Inertial Unlatching: When seatbelt buckles are not equipped with anti-inertial unlatching features, the forces of an accident may cause the seatbelt to become unlatched thereby causing an occupant to become unrestrained.
- Failure Of An Airbag To Deploy: In a non-deployment airbag case, the airbag fails to deploy in a crash mode in which it was designed to go off. In a side or low impact accident, the frontal airbag is not designed to deploy. However, in a higher speed accident with a frontal component, a failure to deploy should be investigated.
- Airbags Deploy Too Late In The Accident: Airbags deploy in a fraction of a second. The design intent of the airbag is to have the airbag fully deployed before the occupant starts to interact with the airbag. To achieve maximum protection for the occupant, the airbag must inflate within milliseconds or before the force of the initial collision causes the occupant to move a certain distance toward the interior of the vehicle. If the airbag malfunctions and deploys too late in the accident sequence, the occupant will have moved into the airbag deployment zone and will be hit by an intruding airbag. This is especially dangerous given that an airbag can deploy at 200 mph.
- Aggressive Airbags: In an accident where the airbag deploys but the belted occupant is severely injured, a number of airbag defects may be present. If the airbag comes out with such great force, and the volume is so large that it contacts the occupant while it is still deploying and before the airbag fully deployed, the airbag may be too aggressive and the airbag volume too large. Also, an airbag may be too aggressive if it deploys in a low-speed impact when it should not have deployed.
Yes, you can potentially sue a car manufacturer for an accident caused by a defective auto part under product liability law. If the manufacturer, designer, or distributor of the vehicle or its parts was negligent or if there was a defect in the product that contributed to the accident, you may be entitled to compensation for injuries, damages, and other losses.
Identifying a defective part typically requires a thorough investigation, which can include reviewing the vehicle’s history for recalls, inspecting the vehicle for malfunctioning components, or hiring an expert to conduct an inspection. Common signs that a defect may have caused the accident include sudden loss of control, unintentional braking or acceleration, or failure of safety features like airbags.
The process typically involves documenting the accident, gathering evidence such as the vehicle’s maintenance records, accident reports, and witness statements, and identifying the defective part. You would then file a claim with the car manufacturer , and if necessary, pursue a product liability lawsuit against the manufacturer or the party responsible for the defective part.
Defective airbags can fail to deploy during a collision, leaving passengers unprotected and more susceptible to severe injuries. Alternatively, airbags may deploy unexpectedly or with excessive force, causing harm to passengers. Defective airbags significantly compromise the vehicle’s safety system, increasing the risk of injury in an accident.
If your car was involved in an accident and is later recalled for a defective part, it is important to contact the manufacturer and your insurance company. The recall may impact the claim process, and you may be entitled to compensation for any injuries sustained as a result of the defective part. Documenting the defect and its role in the accident can help strengthen your case.
Yes, if your injuries were caused by a defective brake system in a car accident, you may be eligible for compensation through a product liability lawsuit or insurance claim. Brake failure due to manufacturing defects or poor design can be a strong basis for a claim, especially if it caused the accident or worsened the injuries.
Auto defect investigations involve gathering evidence from the accident scene, inspecting the vehicle for possible defects, and analyzing the vehicle’s components. Experts, such as accident reconstructionists and automotive engineers, may be consulted to determine whether a defective part contributed to the accident. Investigators may also review recall histories, maintenance records, and the manufacturer’s design.
The NHTSA plays a critical role in overseeing vehicle safety by monitoring and investigating defects in auto parts. They are responsible for issuing vehicle recalls and maintaining a database of safety complaints. If a defect is identified, the NHTSA works with manufacturers to ensure that corrective actions, such as recalls, are taken to prevent future accidents.
Proving that a defective car part caused an accident typically involves gathering strong evidence, such as accident reports, expert testimony, and a detailed inspection of the vehicle. Documentation of any prior recalls, maintenance records, and any malfunctions experienced before the accident can also support your claim. An experienced attorney specializing in car defects can help gather this evidence and build a strong case.