The National Traffic and Motor Vehicle Safety Act, passed into law in 1966, has helped ensure both that vehicles are manufactured safely and that those vehicles which are defective are recalled. Still, a significant number of accidents on U.S. highways occur as the result of various vehicle defects. While no one can predict when defective car part accidents will occur, there are steps you can take if you’ve been injured in an accident, including contacting a car accident lawyer.
Motor Vehicle Defects, Defined
The United States Code for Motor Vehicle Safety defines a defect as any safety-related problem in the performance, design, or construction of a motor vehicle which causes an unreasonable risk of accident. Examples of safety-related defects include, but are not limited to:
- Problems with a vehicle’s wiring system causing loss of lighting or fire
- Broken, seizing, or sticking of the vehicle’s accelerator
- An unexpected failure of vehicle seats or seat backs during normal use
- Sudden breakage of steering components, leading to loss of control of a vehicle
- Deployment of airbags when they are not supposed to deploy
One type of claim is a manufacturing defect found to exist in a single vehicle. This type of defect is usually the result of failure to identify or inspect an error during the process of manufacture. When recalls occur, it is because several vehicles of a particular make or model have been found to have been defectively designed.
Strict Product Liability and the Lemon Law
Strict product liability applies for drivers in the Lone Star State. This means that if you were injured in a car accident because of car defects and malfunctions, you can sue the manufacturer. This can be done even if the manufacturer was not negligent. However, the manufacturer can use the defense that another party altered the defective part after manufacturing was complete.
A “lemon” is defined as a new vehicle having problems that are both serious and recurring, and which fails to conform to a warranty within one year or 12,000 miles after it has been purchased, whichever occurs first. As well, a car may be declared a lemon if:
- Four or more attempts to have the vehicle repaired have not resolved the issue
- The vehicle is not in service for at least 30 days, with no provision of a loaner vehicle within the first two years or 24,000 miles of ownership
If the vehicle is determined to be a lemon, the lemon law entitles the purchaser of that vehicle to either a replacement or full refund.
How an Attorney Can Help
It’s true that many laws are in place to make it easy for consumers to obtain compensation on their own. However, there are many more which require professional advice. The car accident attorneys at Schechter, McElwee, Shaffer & Harris, LLP have a combined 100 years of experience with defective car parts laws. Don’t wait to get the justice you deserve; you can claim your free consultation right now by calling 1-832-266-1357.