Automobile manufacturers have a duty to design and manufacture vehicles that safe and not defective – that protect drivers and occupants in crashes. The technical term for this duty is crash worthiness, and all vehicles must be crashworthy in foreseeable accidents.
If a driver or occupant of a vehicle is injured or killed because the vehicle in which he was riding did not perform as it should—for example, the vehicle rolled over or the airbag or seatbelt failed to work properly—the manufacturer maybe liable to the individual for producing a defective automobile.
Over the years, the lawyers of Henry Spiegel Milling LLP have successfully represented clients in defective automobile cases involving: defective fuel systems, vehicle fires, defective seatbelts, rollover cases (stability), defective seatbacks, defective door latches, excessive roof crush, and defective tires.
Determining If the Crash Was Caused by a Defect
In every automobile collision where there is a serious injury, it is crucial that your attorney carefully review the facts and evidence to determine whether the design and performance of the vehicle itself contributed to the injuries or deaths sustained by the individual. This is a very important step and usually requires the attorney to obtain the vehicle from the insurance company and have it examined by a recognized automotive expert.
Many attorneys are not familiar with this process and may well inadvertently miss a defective automobile product liability case because they are only focusing on the collision—not the design of the vehicle. This can lead to problems for the client, because it is almost impossible to pursue a defective automobile case if the automobile is not secured from the insurance company by the attorney.