Auto Product Liability Lawyer

Name: Auto Product Liability
Brand: McMath Woods P.A.
Rating: 4.5 (42 reviews)

We trust the vehicles we maintain and drive to get us where we’re going safely. In some instances, however, car accidents happen.

Product Liability: Defective Vehicles

According to the Centers for Disease Control and Prevention (CDC), 32,000 people are killed and two million are injured every year in vehicular collisions. Many of these accidents are related to speeding and drunk and distracted driving; however, there are instances where the vehicle causes the accident because of a defect.

Vehicle Recalls and Product Liability Claims

The National Traffic and Motor Vehicle Act gives the National Highway Traffic Safety Administration the authority to issue vehicle safety standards. They also can make manufacturers recall vehicles that do not meet federal safety standards. While millions of vehicles and automotive parts have been recalled since the Act’s birth in 1966, vehicle and auto parts on the market still have the potential to cause accidents.

In the event you are the victim of a car accident caused by a defective vehicle or automotive part, you may be entitled to compensation for your medical expenses, lost wages, and emotional trauma. In the state of Arkansas, the auto product liability lawyers from McMath Woods can help. Keep reading to find out the most common liability claims, how to identify the negligent party after such an accident, and how product liability claims differ from traffic accident claims.

Types of Auto Product Liability Claims

Airbag and Seat Belt Defects

While airbags and proper seat belt use have contributed to the decline in accident fatalities, defects in the parts can cause severe injuries. Airbags can potentially deploy at the wrong time or fail to deploy. Defective seat belts have torn and unlatched during impact.

Defective Fuel Systems

The fuel system and tank are crucial parts of any motorized vehicle. If the fuel tank is positioned incorrectly or the welding fails, vehicle fires and explosions may occur during a collision.

Tire Defects

Tire failures are a significant cause of rollover accidents. The most common reason for a tire blowout is attributed to poor tread design and separation.

Vehicle Roof Collapse

Roof collapses are more common with cars and SUVs. In the event of an accident, a weak or unsteady roof has the potential to disintegrate.

Uncontrollable Acceleration

Uncontrollable acceleration is one of the more terrifying vehicle defects because the vehicle picks up speed without the driver's action. While manufacturers claim there are no design defects that lead to this issue, crash investigations have found this to be a problem in some cases.

close up of someone working on car engine

Identifying the Negligent Party in Your Case

In the event of an auto product liability claim, there may be a variety of parties you can hold accountable for their negligence. This is called the chain of distribution.

Manufacturer. The manufacturer is at the beginning of the distribution chain. Lawsuits with manufacturers can be difficult because of the manufacturer’s size. The manufacturer can be held accountable for defective vehicles or defective parts. Sometimes, there are multiple manufacturers.
Shipper. The shipper, or middleman, may be included in the chain of distribution if the vehicle was damaged after leaving the manufacturer and prior to arriving at the dealership.
Automotive Shop or Car Dealership. Whoever sold the vehicle or the specific part to you may be liable for your accident.
Used Car Dealer. While this is still a developing area of law, in some instances, the used car dealership may be held accountable for your auto product liability claim.

Product Liability Claims versus Traffic Accident Claims in Arkansas

If you’re the victim of a car accident, you may be confused about what type of claim you should file. Even though car accidents and product defects result in personal injury claims, there’s a notable difference between product liability claims and traffic accident claims.

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Strict Liability and Auto Product Claims

Product liability, including auto product liability, operates under strict liability. With a strict liability case, it’s not always necessary for a victim to prove that someone made a mistake or was at fault for their injury. It is enough to show the product, such as a defective vehicle, the victim was using the product as intended, and the victim suffered an injury because of the faulty product. To strengthen a product liability claim, an attorney may investigate the manufacturers’ accident record and competing products that are similar in design.

Other personal injury claims, like car accident claims, are governed by the law of negligence. To recover compensation for damages, the victim will need to prove someone else was at fault for their injuries. In the event of a car accident, the victim may be able to prove the negligent driver was under the influence or texting. It’s important to note that in rare instances where a negligent driver hits you and your vehicle malfunctions, like if your airbag failed to deploy, you may be able to file a personal injury claim against the driver and a product liability claim against the manufacturer.

The Benefit of an Auto Product Liability Lawyer

At McMath Woods, we believe the manufacturers of dangerous auto parts should be held accountable for their negligence. Our Arkansas auto product liability lawyers are prepared to represent you in what can be a complex legal battle. For more information, contact us for a free consultation. We’ll work hard to get you a full and fair settlement.

Since 1953, McMath Woods has been focused on exceptional legal representation. We are driven by the pursuit of justice for those injured due to a defective auto part or system. Our trial attorneys are proud of the firm’s legacy of quality over quantity and for putting our clients first.