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Frequently Asked Questions about Motor Vehicle Defects

Q: What is "crashworthiness?"

A: Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision.

Q: How does the fact that a driver may have caused an accident affect a crashworthiness action?

A: The doctrine of crashworthiness centers around the enhancement of injuries caused by a motor vehicle defect. The issue becomes whether the defect increased the injuries, and fault of a person injured does not prevent recovery on a crashworthiness action. The fault issue may arise when the court or jury weighs the comparative fault of the individual causing the accident with the fault of the manufacturer, so that a reduction in the amount of damages you are entitled to may result.

A used-car dealer has a duty to discover and repair any obvious or reasonably discoverable defects in a vehicle.

Truck Wreck - Motorcycle Collision - Car Crash Lawyers

Bush & Powers - Personal Injury Attorneys

Dedicated to Quality Legal Representation

If you have been injured in any type of motor vehicle accident in or near Mecklenburg County, North Carolina, please know that you have an advocate available in the law firm of Bush & Powers. We vigorously pursue fair settlements and verdicts for clients who have suffered catastrophic harm in car, truck, boat, motorcycle, airplane, or boating accidents. We are trial lawyers who will not hesitate to go to court if necessary to seek the compensation you may be entitled to. Our goal is to start you on the path to stability once again. Contact our auto accident attorneys to schedule a free initial consultation.

The following information is provided as a courtesy. It is not intended to speak to your individual legal concerns. Our car crash lawyers await your call or e-mail.

Motor Vehicle Defects - An Overview

Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or defectively produced vehicles can be dangerous and can cause serious injury or death.

Responsibility for Defective Motor Vehicles

The laws governing responsibility for defective motor vehicles and what must be proven in court to establish liability vary from state to state. In most states, the parties who may held liable include:

The vehicle manufacturer
The manufacturer of defective component parts such as tires, hoses etc.
The dealer, if the vehicle was purchased from a dealer

Several different reasons exist for holding a party liable for harm caused by a motor vehicle defect. The three most common legal theories for finding someone liable are breach of warranty, negligence, and strict liability. An experienced products liability attorney from Bush & Powers in Charlotte, North Carolina can advise you about the rules that apply in North Carolina to your situation involving a defective motor vehicle.

The Concept of "Crashworthiness"

The most important concept in vehicle defect liability cases is "crashworthiness". Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision. During a collision, a vehicle's occupants are subject to a number of forces that can result in injury, including rapid deceleration and rapid acceleration, depending on the direction of impact in the collision. Crashworthiness deals primarily with the 'second collision' that results from these forces, in which the driver and passengers collide against the interior of the vehicle. An effective crashworthy vehicle design will distribute these injurious forces over as great a period of time and distance as possible, including by directing them to parts of the body that are more capable of withstanding them.

Elements of a Motor Vehicle Defect Claim

Unlike an ordinary personal injury claim for negligence, in order to establish a vehicle manufacturer or seller's liability for a vehicle defect, you do not need to show that they were careless, and that their carelessness led to your accident or injury. Instead, liability in motor vehicle defect cases is controlled by the doctrine of strict liability.

Vehicle Safety & Restraint Devices

Vehicle safety is a significant consideration, both in terms of liability for injuries resulting from automobile accidents, and when the average consumer is shopping for a new car. Every new passenger vehicle must meet federal standards specifying minimum safety levels, but this doesn't mean all cars are equally safe. There still are important safety differences. Identifying the safest car on the road is impossible, but it is possible to shop for a safer car because some vehicle characteristics are inherently safer than others, and many automakers offer safety features beyond the required minimums.

Motor Vehicle Defects RECALLS

One of the most common vehicle defect issues faced by the public is that of safety recalls of a motor vehicle. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration or the vehicle manufacturers themselves, in response to a discovered defect in a vehicle or a component of that vehicle. So it is important to understand the procedure that is followed in vehicle recalls, and the respective responsibilities of those involved.

Motor Vehicle Defects Resource Links

Consumer Complaints Search Engine
From the Office of Defects Investigation (ODI), part of the National Highway Transportation Safety Administration (NHTSA). Search for or file consumer complaints about vehicles, equipment, child safety seats, and tires.

Federal Trade Commission (FTC) Guide for Consumers
An FTC auto guide for consumers.

The Insurance Institute For Highway Safety
Nonprofit organization dedicated to reducing losses from vehicle crashes. News and data related to vehicle safety, including testing and vehicle ratings.