Car accidents are frequently blamed on driver mistakes, poor road conditions, or bad weather. However, manufacturer defects may also play a significant role in such mishaps. These hidden flaws, ranging from faulty brakes to defective airbags, can turn even the safest cars into potential threats. 

In this article, we’ll outline essential steps to safeguard your rights, collect evidence, and pursue justice after car accidents caused by defects.

Identify the Potential Manufacturing Defect

The first step in addressing a car accident caused by a manufacturer defect is identifying the specific flaw responsible. Common defects include faulty brakes, malfunctioning airbags, steering system issues, and defective tires. Carefully inspect your vehicle and document any irregularities, such as unusual wear, warning lights, or part malfunctions. 

Reviewing recall notices from the manufacturer can also provide clues. Traffic Safety Marketing reported 1,000 recalls in 2023 for vehicles, RVs,  tires, car seats, and other related equipment. Over 34 million vehicles were affected by these recalls. A significant portion of these recalls involved critical safety features, such as airbags and braking systems. 

Consulting a certified mechanic or automotive engineer helps confirm the defect and its role in the accident. It’s important to gather your vehicle’s maintenance and repair records to rule out user error or improper servicing. Once identified, collect evidence such as photos of the vehicle and accident scene for claims.

Can small car issues escalate into major accidents?

Yes, even small flaws in your car can greatly raise the chances of a major crash. An initial analysis revealed that approximately 65% of vehicle defects linked to crashes were related to brakes and tires. In addition, issues like misaligned steering or defective airbags may compromise safety features, reducing your ability to respond effectively in emergencies. 

Ensure Safety and Report the Accident

Consumer Shield reported that in 2023, approximately 41,000 people lost their lives in car accidents across the United States. By the third quarter of 2024, the death toll had already reached 29,100, underscoring the persistent danger on the roads. Identifying potential manufacturing defects early can help prevent accidents and save lives by addressing safety risks proactively. 

However, after an accident caused by a manufacturer defect, your immediate priority should be ensuring the safety of everyone involved. If possible, move the vehicle to a safe location away from traffic. Check on all occupants and seek prompt medical help for even a minor wound.

Once the immediate safety of all involved is confirmed, notify law enforcement of the accident. A police report will create an official record documenting the circumstances of the crash and any suspected vehicle malfunctions. Notify your insurance company promptly, providing them with accurate information about the accident and any observed issues with your vehicle.

Preserve Evidence of the Accident

Proving a manufacturer defect that caused your car accident hinges on meticulously preserving evidence. Take photographs of the sight, focusing on the damages and any observable flaws, like wrecked parts or out-of-order systems. Ideally, preserve the vehicle’s condition by minimizing movement until an expert can inspect it.

Collect witness statements and contact information from anyone who observed the accident. To strengthen your claim, keep copies of the medical records, police report, and your car’s repair records. These minutes can connect the accident with the defects.

Are there specific professionals who can assess the defective parts of my car?

Yes, specific professionals can assess defective car parts. Certified mechanics, automotive engineers, and accident reconstruction specialists are equipped to inspect and identify flaws. Their expertise is crucial in determining whether a defect caused the accident. 

Notify Your Insurance Company

After ensuring safety and documenting the accident, promptly notify your insurance company about the incident. Furnish precise information, encompassing the place of the incident, date, and time, along with the assumed manufacturing flaw. Share any supporting evidence, such as photos, the police report, and witness statements, to help your insurer assess the claim effectively.

Bankrate notes that insurance companies have varied timelines for accident reporting, ranging from 24 hours to several days. Reporting requirements vary by state, with most requiring reports within 10 days, while some, like New York, mandate 24 hours. Time limits can differ based on the type of damage or injury involved. 

Be transparent about the role of the defect in causing the accident. Insurance companies often require proof, which may include expert assessments of the defective part. While coverage depends on your policy, many insurers will assist in pursuing claims against the manufacturer if liability is established.

Consult a Lawyer to Evaluate Your Case

Navigating a manufacturer defect case can be challenging, especially when determining liability. An attorney specializing in automotive defect cases is essential to help you know your legal options. These professionals can analyze evidence, identify responsible parties, and guide you through the process of seeking rightful compensation.

The attorney will assess the key elements of your case, such as the defect assessments, supporting documentation, and accident report. They can advise on whether you have grounds for a car accident lawsuit against the manufacturer, supplier, or other responsible entities. In such lawsuits, proving that a defect directly caused the accident is essential. 

According to the Loewy Law Firm, insurance companies frequently attempt to reduce settlements. A lawyer leverages the proven cause of the accident to advocate for appropriate compensation. They demonstrate how the actions of the other party directly contributed to the damages, ensuring you receive fair treatment in the claims process.

Can I sue both the manufacturer and the dealership where I purchased the vehicle?

Yes, you can sue both the manufacturer and the dealership if a vehicle defect causes your accident. The manufacturer may be liable for producing the defective part, while the dealership could be held accountable if they knowingly sold a faulty vehicle. 

Research Recalls or Defect Reports for Your Vehicle

If you suspect a manufacturer defect caused your accident, researching recalls or defect reports for your vehicle is essential. Start by checking the NHTSA database or the manufacturer’s website for recall notices. These resources can confirm if your car model has known safety issues.

Defect reports from other drivers or regulatory agencies may highlight recurring problems. Reviewing these reports can strengthen your case by showing a pattern of defects linked to accidents. If no recall exists, filing a formal complaint with the NHTSA can prompt an investigation.

File a Claim Against the Manufacturer

If a manufacturer defect is the cause of your car accident, filing a claim against the manufacturer is a crucial step toward receiving compensation. This process typically involves gathering all evidence of the defect, including maintenance records, photos, expert assessments, and the police report.

A product liability lawsuit can be filed if the defect in your vehicle is deemed to have resulted in the accident and subsequent injuries. In such cases, the manufacturer may be liable for design flaws, manufacturing errors, or failure to warn about defects.

Consulting with a lawyer is vital to navigate the complexities of filing such a claim. 

Taking Action for Justice and Safety

Car accidents caused by manufacturer defects can lead to serious consequences, but following the right steps can protect your rights and ensure justice. Proactively addressing these issues helps secure compensation for your injuries and damages. Additionally, taking action can improve safety for others by potentially preventing future accidents caused by the same defect.

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