Driving your vehicle should be a safe and enjoyable experience. However, when an accident happens and an automotive defect is at fault, you need the right legal representation to pursue justice and hold vehicle manufacturers accountable.
From faulty airbags, defective seat belts, head restraints, failed tires, and gas tanks to brake system malfunctions, and more, the Hulburt Law Firm attorneys are well-equipped to handle the complexities of these cases.
The NHTSA issued over 1,000 safety recalls involving over 35 million vehicles and other equipment in 2021.*
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in an automotive defect accident, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.
A freeway collision resulted in brain and spine injuries.
A seatback collapsed in a rear-end collision, causing the occupant life-changing injuries.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case including accident scene examinations, reviewing police reports and witness statements, Accessing the truck’s electronic logging device (ELD) and black box data, and analyzing maintenance records.
To strengthen your case, our firm collaborates with experts, including industry experts, safety analysts, medical professionals, and economists in order to demonstrate the existence of a defect, its impact on your accident, and the extent of your injuries.
Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.
Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
In California, product liability laws govern cases involving defective products, including automobiles. Under these laws, a product is deemed defective if it fails to perform as safely as an ordinary consumer would expect when used as intended or if the risks outweigh its benefits. There are three main types of defects that can lead to liability claims:
These flaws exist in the vehicle's original design, making it inherently unsafe even if it's manufactured precisely according to specifications.
Occur during the vehicle's production, resulting in individual units differing from the intended design, making them unsafe for use.
Manufacturers must provide adequate warnings and instructions regarding potential dangers associated with the vehicle's use. Failure to do so can result in liability.
Automotive defect lawsuits may be pursued under strict product liability, negligence, and breach of warranty claims.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
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Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
Several types of vehicle safety equipment failures can potentially lead to lawsuits if they result in accidents or injuries due to their malfunction or failure to perform as intended. Some of the most common safety equipment failures include:
Airbag Failures
If airbags fail to deploy during a collision or deploy unexpectedly, causing injuries to occupants, it can lead to lawsuits against the vehicle manufacturer or airbag supplier.
Seatbelt Failures
Malfunctioning seatbelts that fail to properly restrain occupants during a collision can result in severe injuries or fatalities, leading to legal action against the vehicle manufacturer.
Seatback and Head Restraint Failures
Collapsed or broken seatbacks or head restraints that fail to properly restrain occupants during a collision can result in severe injuries or fatalities.
Tire Defects
Defective tires, including tread separation, blowouts, or sidewall failures, can cause accidents leading to injuries or fatalities. Lawsuits may target the tire manufacturer, vehicle manufacturer, or tire retailer for negligence or product liability.
Brake System Malfunctions
Brake failures, such as malfunctioning brake pads, brake lines, or hydraulic system failures, can result in accidents due to the inability to stop the vehicle promptly. Lawsuits may be filed against the vehicle manufacturer or brake system supplier.
Electronic Stability Control (ESC) Failures
ESC systems that fail to function correctly in preventing loss of vehicle control during emergency maneuvers or slippery road conditions can lead to accidents and subsequent legal action against the vehicle manufacturer.
Collision Avoidance Systems
Failure of collision avoidance systems, such as forward collision warning (FCW) or automatic emergency braking (AEB), to detect or respond to potential collisions can result in accidents, prompting lawsuits against the vehicle manufacturer.
Electrical System Failures
Issues with the electrical system, such as faulty wiring, can cause various problems, including sudden loss of power, malfunctioning lights (headlights, brake lights, turn signals), or failure of essential safety features like ABS (Anti-lock Braking System) or traction control.
Accelerator Defects
Accelerator pedal defects, throttle control issues, or problems with electronic throttle control systems can lead to unintended acceleration, making it difficult for the driver to control the speed of the vehicle.
Structural Weaknesses
Defects in the vehicle's structure, such as compromised frame integrity or inadequate crash protection, can increase the severity of injuries in the event of an accident by reducing the vehicle's ability to absorb impact forces.
Fuel System Leaks
Defective fuel lines or fuel system components can lead to fuel leaks, increasing the risk of fire or explosion in the event of a collision.
Faulty Steering Systems
Problems with the steering system, such as defective power steering, misalignment, or steering column defects, can result in difficulty maneuvering the vehicle, potentially leading to accidents, especially when quick evasive actions are needed.
These failures can result from various factors, including design flaws, manufacturing defects, inadequate quality control, or insufficient maintenance.
When it comes to suing for an automotive defect, several parties can potentially be held liable depending on the circumstances surrounding the defect and the resulting harm. Here are some of the parties that could be sued:
Vehicle Manufacturer
The primary party typically targeted in automotive defect lawsuits is the vehicle manufacturer. This includes companies responsible for designing, engineering, assembling, and distributing the vehicle.
Parts Manufacturers
If the defect is traced back to a specific component or part of the vehicle, such as the brakes, airbags, tires, or fuel system, the manufacturer of that particular part may be sued.
Dealerships and Distributors
In some cases, dealerships or distributors may be held liable if they were aware of the defect or failed to take appropriate action, such as issuing recalls or warnings, to address the issue.
Retailers and Sellers
Retailers who sold the defective vehicle or part may also be liable for damages, particularly if they knew or should have known about the defect but failed to disclose it to the buyer.
Third-party Maintenance or Modification Providers
If the defect can be traced back to improper maintenance or modifications performed by a third-party service provider, they may be held liable for damages.
Contractors or Suppliers
Companies contracted by the manufacturer to produce specific components or systems for the vehicle may also be held responsible if their negligence contributed to the defect.
Determining the appropriate party to sue in an automotive defect case requires a thorough investigation to identify the root cause of the defect. In many cases, multiple parties may share responsibility for the defect and resulting harm.
The consumer expectation test is a legal standard used in product liability cases, including automotive defect cases, to determine whether a product is unreasonably dangerous due to a defect. This test assesses whether the product failed to perform as safely as an ordinary consumer would expect when used in its intended manner.
In the context of automotive defect cases, the consumer expectation test typically involves the following considerations:
Expectations of Safety
The consumer expectation test evaluates whether the vehicle or its component failed to meet the ordinary safety expectations of consumers. This involves assessing whether the defect caused the vehicle to perform in a manner that a reasonable person would not anticipate under normal driving conditions.
Common Knowledge and Experience
Courts may consider the general knowledge and experience of consumers regarding vehicle safety. If the defect is something that the average consumer would not expect based on their common understanding of how vehicles should function, it may support a finding of liability.
Nature of the Defect
The severity and nature of the defect are also important factors in applying the consumer expectation test. If the defect poses a significant risk of harm that is not readily apparent to consumers, it may be considered unreasonably dangerous under the test.
Use of Expert Testimony
In some cases, expert testimony may be used to help establish whether the defect violated consumer expectations of safety. Experts, such as automotive engineers or safety specialists, can provide insights into industry standards, safety practices, and the expectations of ordinary consumers.
Comparison to Comparable Products
Courts may consider how the product in question compares to similar products in the market. If other vehicles of the same make and model do not exhibit the same defect, it may indicate that the product failed to meet consumer expectations.
Overall, the consumer expectation test provides a framework for assessing whether a product, such as a vehicle or automotive component, is unreasonably dangerous due to a defect. If the product fails to meet the safety expectations of ordinary consumers, it may be considered defective under this legal standard, potentially leading to liability for the manufacturer or other parties responsible for the defect.
In automotive defect cases, the risk-benefit test is a legal standard used to evaluate whether a vehicle's design, manufacturing, or warnings were unreasonably dangerous given the risks and benefits associated with the product. This test considers whether the risks of the product's design outweigh its benefits, taking into account various factors such as the feasibility of safer alternatives, the utility of the product, and the foreseeability of harm.
Here's how the risk-benefit test is typically applied in automotive defect cases:
Design Choices
The test evaluates the design choices made by the vehicle manufacturer, including decisions related to structural integrity, crashworthiness, safety features, and overall vehicle performance. It considers whether the design choices posed unreasonable risks to consumers compared to the benefits provided by the design.
Feasibility of Safer Alternatives
The test assesses whether there were feasible alternatives available to the manufacturer that could have reduced the risks associated with the vehicle's design without significantly compromising its utility or effectiveness. This may involve considering alternative designs, materials, or safety technologies that could have mitigated the risk of harm.
Utility of the Product
The test considers the utility or usefulness of the product in its intended use. It weighs the benefits provided by the vehicle, such as transportation, convenience, and mobility, against the risks of harm associated with its design or performance.
Foreseeability of Harm
The test examines whether the manufacturer knew or should have known about the risks associated with the product's design and whether those risks were foreseeable. It considers factors such as prior accidents, consumer complaints, industry standards, and available safety data.
Societal Benefits
The test considers the overall societal benefits of the product, including its contribution to transportation, economic productivity, and quality of life. It evaluates whether the benefits provided by the vehicle outweigh the risks of harm associated with its design or performance.
Overall, the risk-benefit test in automotive defect cases involves a comprehensive analysis of the risks and benefits associated with the vehicle's design, manufacturing, or warnings. It requires weighing the potential harm to consumers against the societal benefits and utility of the product to determine whether the product was unreasonably dangerous given the circumstances. This test helps courts assess the reasonableness of the manufacturer's design choices and determine liability for any resulting harm.
To pursue an automotive defect lawsuit successfully, gathering strong evidence is essential to support the claim of a defect and its role in causing the accident or injuries. Here are some types of evidence commonly needed in automotive defect lawsuits:
Vehicle Inspection
Detailed examination of the vehicle involved in the accident is crucial. This includes documenting any visible defects, damage, or malfunctions, as well as preserving physical evidence such as broken parts, tire marks, and fluid leaks.
Accident Reports
Obtaining official accident reports from law enforcement agencies or insurance companies can provide valuable information about the circumstances of the accident, including the location, time, weather conditions, and statements from witnesses.
Medical Records
Medical records documenting the injuries sustained in the accident are essential evidence in proving the extent of harm caused by the defect. This includes hospital records, doctor's notes, diagnostic tests, and treatment plans.
Expert Opinions
Testimony from qualified experts, such as automotive engineers, accident reconstruction specialists, biomechanical engineers, and medical professionals, can help analyze the evidence and establish a causal link between the defect and the injuries.
Product Testing
In some cases, it may be necessary to conduct product testing or examination of the vehicle or its components to identify defects or manufacturing flaws. This could involve inspecting the vehicle, conducting laboratory tests, or reproducing the conditions of the accident to assess the performance of the vehicle and its safety features.
Vehicle Maintenance Records
Records of vehicle maintenance, repairs, and inspections can provide insights into the vehicle's history and whether any prior issues or warning signs of defects were addressed by the owner or manufacturer.
Manufacturer Documentation
Documentation related to the vehicle, such as owner's manuals, service bulletins, design drawings, engineering reports, internal memos, safety testing records, and warranty information, can help establish the manufacturer's knowledge of the defect and their responsibilities for addressing it.
Recalls and Complaints
Information about previous recalls, complaints, or lawsuits related to similar defects in the same make or model of vehicle can be relevant in demonstrating a pattern of negligence or misconduct by the manufacturer.
Photographs and Videos
Visual evidence, such as photographs and videos of the accident scene, the vehicle's condition, and the injuries sustained by occupants, can help illustrate the severity of the accident and support the plaintiff's claims.
Eyewitness Testimony
Statements from witnesses who observed the accident or its aftermath can provide additional perspective and corroboration of the events leading up to the accident.
Electronic Data Recorder (EDR) Data
Some vehicles are equipped with EDRs, also known as "black boxes," which record data related to vehicle speed, acceleration, braking, and other factors leading up to a crash. Accessing and analyzing this data can provide valuable insights into the vehicle's behavior before the accident.
Industry Standards and Regulations
Reference to applicable industry standards, such as Federal Motor Vehicle Safety Standards (FMVSS) or manufacturer specifications, can help establish whether the vehicle or its components met required safety standards and identify any deviations or deficiencies.
Proving an automotive design defect in California, or anywhere else, often requires the expertise of various professionals who can analyze and testify about different aspects of the defect. Here are some experts commonly involved in proving an automotive design defect in California:
Automotive Engineers
Automotive engineers specialize in the design, development, and manufacturing of vehicles. They can evaluate whether a vehicle's design complies with industry standards and best practices, identify potential design flaws, and determine how those flaws may have contributed to the accident or injury.
Accident Reconstruction Experts
Accident reconstruction experts use principles of physics, engineering, and mathematics to analyze the mechanics of accidents. They can recreate the sequence of events leading up to an accident, assess the impact forces involved, and determine how a design defect may have influenced the outcome of the accident.
Human Factors Experts
Human factors experts study how humans interact with technology and the environment. They can evaluate whether a vehicle's design factors in human capabilities and limitations, such as visibility, ergonomic design, and user interface, and assess how these factors may have contributed to the accident.
Biomechanical Engineers
Biomechanical engineers specialize in the study of how forces affect the human body. They can analyze the injuries sustained in an accident and determine how those injuries correlate with the vehicle's design, such as seat design, restraint systems, and crashworthiness features.
Materials Scientists
Materials scientists study the properties and behavior of materials used in vehicle construction. They can assess whether the materials used in the vehicle's design meet industry standards for strength, durability, and crashworthiness, and determine whether material defects played a role in the accident.
Safety Standards Experts
Experts familiar with federal and state safety standards, such as Federal Motor Vehicle Safety Standards (FMVSS) and California Vehicle Code requirements, can evaluate whether the vehicle's design complies with these standards and identify any deviations or deficiencies.
Economic and Financial Experts
Economic and financial experts can assess the financial impact of the accident, including medical expenses, lost income, property damage, and other economic damages. They can provide calculations and projections to quantify the financial losses incurred as a result of the design defect.
Engaging a multidisciplinary team of experts allows plaintiffs to thoroughly analyze and present their case, demonstrating how the automotive design defect contributed to the accident or injury and helping to secure compensation for damages incurred.
An Event Data Recorder (EDR), often referred to as a "black box," is a device installed in vehicles to record specific data in the event of a crash or other significant event. The type and amount of data recorded by an EDR can vary depending on the vehicle make, model, and manufacturer. However, common types of data recorded on a vehicle EDR in an accident may include:
Vehicle Speed
The EDR typically records the vehicle’s speed in the seconds leading up to the crash, providing information on how fast the vehicle was traveling at the time of impact.
Engine RPM
Some EDRs record the engine's revolutions per minute (RPM) during the event, which can provide insights into the vehicle's acceleration or deceleration patterns.
Throttle Position
The position of the throttle pedal or throttle valve may be recorded, indicating whether the driver was accelerating, decelerating, or maintaining speed before the crash.
Brake Status
EDRs often record data related to brake application, including whether the brakes were engaged, the duration of braking, and the force applied to the brake pedal.
Acceleration/Deceleration
The EDR may capture data on the vehicle's acceleration or deceleration rates during the crash sequence, indicating changes in velocity leading up to impact.
Airbag Deployment
Information about airbag deployment, including the timing and severity of deployment, can be recorded by the EDR.
Seatbelt Usage
Some EDRs have the capability to record whether occupants were wearing their seatbelts at the time of the crash, based on input from seatbelt sensors.
Vehicle Direction
The EDR may record the vehicle's heading or direction of travel at the time of the crash, which can help reconstruct the accident scene.
Time and Date
The EDR typically records the date and time of the crash, providing important contextual information for accident investigation.
EDR data is stored in a proprietary format specific to each vehicle manufacturer, and accessing and interpreting this data requires specialized equipment and expertise.
A seatback failure lawsuit is brought against a vehicle manufacturer or other parties when a vehicle’s seatback collapses or fails during a collision, resulting in injuries or fatalities to occupants.
Seatback failures can occur due to various reasons, including design flaws, manufacturing defects, or inadequate safety standards. In some cases, the seatback may collapse backward, leading to the occupants being thrown around inside the vehicle, increasing the risk of serious injuries.
Seatback failure lawsuits have gained attention in recent years, prompting advocacy groups and lawmakers to push for stricter safety regulations and standards to prevent such incidents. Additionally, vehicle manufacturers have faced increased scrutiny and litigation pressure to address seatback safety concerns and improve the design and construction of seats to enhance occupant protection during collisions.
Tire aging refers to the deterioration of tires over time due to various factors such as exposure to heat, sunlight, oxygen, and environmental conditions. Even if a tire has sufficient tread depth and appears to be in good condition, it can still degrade over time, leading to potential safety risks. Tire aging can result in several issues that may contribute to accidents:
Dry Rot
Over time, the rubber compounds in tires can degrade and become brittle, leading to cracks, fissures, or dry rot. Dry rot weakens the structural integrity of the tire, increasing the risk of tread separation or blowouts while driving.
Tread Separation
As tires age, the bonds between the different layers of the tire can weaken, leading to tread separation. Tread separation occurs when the tread separates from the tire's carcass, resulting in loss of control of the vehicle, especially at high speeds.
Blowouts
Tire aging can lead to the breakdown of the tire's internal structure, making it more susceptible to sudden failures known as blowouts. Blowouts can occur when the tire sidewall or tread suddenly bursts, causing the vehicle to swerve or lose control, potentially resulting in accidents.
Reduced Traction
As tires age, their rubber compounds may harden, reducing their ability to grip the road surface effectively. This can result in reduced traction, especially in wet or slippery conditions, increasing the risk of skidding, hydroplaning, or loss of control.
Increased Vulnerability to Punctures
Aging tires may develop cracks or thin spots in the rubber, making them more susceptible to punctures from road debris or sharp objects. Punctured tires can rapidly lose air pressure, leading to sudden loss of control or accidents.
Heat Build-up
Older tires may be more prone to heat build-up, especially during prolonged driving or in hot weather conditions. Heat build-up can accelerate tire degradation and increase the likelihood of tire failures such as blowouts.
Uneven Wear
Tire aging can also lead to uneven wear patterns, as certain areas of the tire may degrade more quickly than others. Uneven wear can affect the tire's performance and stability, leading to handling issues and potential accidents.
To mitigate the risks associated with tire aging, it’s essential for vehicle owners to regularly inspect their tires for signs of aging, such as cracks, bulges, or uneven wear, and replace them within six years of the date they were made, regardless of the remaining tread depth.
In the United States, the manufacture of motor vehicles is governed by various standards and regulations set forth by federal agencies, primarily the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA). Here are some key standards and regulations:
Federal Motor Vehicle Safety Standards (FMVSS):
FMVSS are regulations established by the NHTSA that set minimum performance requirements for vehicle components and systems, such as brakes, tires, lighting, seat belts, airbags, crashworthiness, and more. These standards aim to enhance vehicle safety and reduce the risk of crashes and injuries.
Safety Recalls and Defects Reporting:
The NHTSA requires vehicle manufacturers to promptly report safety defects or noncompliance with FMVSS and to conduct safety recalls when necessary to address safety-related issues. Manufacturers are also required to notify vehicle owners and provide free repairs or replacements for defective components.
These standards and regulations are designed to ensure that motor vehicles sold in the United States meet specific safety requirements.
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