Motor Vehicle Defects Attorney

Product Liability

Do you have an injury from a car accident and suspect that it was due to a vehicle defect? You may have a product liability claim. You can receive compensation for the cost of repairs, medical bills, or lost wages. There are other categories, like pain and suffering, as well as punitive damages. These claims are complex and difficult to prove. So, you will need to enlist the help of an experienced personal injury attorney.

Every year, there are recalls for thousands of trucks, cars, and SUVs due to defects or flaws. Sometimes, these faulty vehicles put consumers at risk for serious injury. Motor vehicle defect cases usually involve one of two types of product liability.

The first type relates to manufacturing defects of vehicles or their parts. A manufacturing defect is a malformed or damaged aspect of a car that would compromise its safety. Manufacturing defects can occur during the distribution chain of a vehicle. Specifically, this refers to the manufacturing, then shipping, and finally dealership companies. In fact, any or all these entities can be liable for injuries and damage.

The second form of product liability claim involves design flaws of a vehicle. Design flaws are errors in a vehicle design or its parts. In fact, these flaws make it more likely to have a dangerous accident and cause injuries. You might recall that SUVs were the subject of many lawsuits during the 1990s. This was because they were top heavy and prone to roll over during accidents.

Retaining An Attorney

The attorneys at the Law Offices of L. Clayton Burgess have the experience and know how to win these cases. You will need help to meet the burden of proof to win your product liability claim. In brief, we can help you to prove that:

you suffered damages, loses, or injuries
the vehicle, or part, is defective
the defect caused your injury

Federal Motor Vehicle Safety Standards

There are minimum performance requirements for parts that impact a vehicle’s safe operation. These standards apply to all vehicles and related equipment. This includes things such as:

Lighting
Tires
Breaks
Safety Belts
Airbags
Energy Absorbing Steering Columns
Child Restraints and Safety Seats

The United States Code for Motor Vehicle Safety defines a defect as a problem that poses a risk to motor vehicle safety. Safety-related defects can include issues like:

Steering parts that cause loss of vehicle control.
Accelerator controls that stick or break.
Problems with fuel systems and their damage susceptibility causing leakage and fires.

Statistics

The National Traffic and Motor Safety Act was passed in 1966. This act gives the government power to issue vehicle safety standards. Car manufacturers must recall vehicles that do not meet federal safety standards. Since 1966, more than 390 million vehicles have been recalled due to defects. Other safety recalls have included:

42 million child safety seats
66 million motor vehicle pieces
46 million tires

Reporting Defects

If you think your vehicle may have a defect, you can report it. You can call the NHTSA safety hotline (1-888-327-4236). or, use their website, Safercar.gov. If you wish to contact them by mail, send your letter to:

U.S. Department of Transportation
National Highway Traffic Safety Administration
Office of Defects Investigation (NVS-210)
1200 New Jersey Avenue SE
Washington, DC 20590

The information you provide is cataloged on the website, www-odi.nhtsa.dot.gov/complaints. This database gets updated each week. It helps the NHTSA and manufacturers determine if there should be a recall.

If you have suffered injuries or the loss of a loved one due to motor vehicle defects, we can help! Call The Law Offices of L. Clayton Burgess Today!

Lemon Laws

The Louisiana Attorney General defines a “new vehicle with a severe defect that impairs its use or value” as a lemon. Vehicles are considered lemons if they have undergone 4 attempts of repair within 1 year of the delivery date. Or, during the warranty period. Additionally, if the car has been out of service for 45 days in that period.

Vehicles covered under Louisiana Lemon Law:

Passenger motor vehicles sold in LA.
Commercial motor vehicles sold in LA.
PWCs (personal water-crafts), and ATVs (all-terrain vehicles), still under warranty, or sold on and after August 15, 1999.
Chassis and drive trains of personal motor homes sold in LA, or are still under warranty after August 15, 1999.

Vehicles that are not covered:

Motorcycles
Newly leased motor vehicles
Recreational vehicles (RV)
Demonstrator (Demo) motor vehicle
Mobile homes

You must file your claim with the Better Business Bureau’s program called BBB Auto Line. You can do this online using a complaint form.  Or, you may call at 800-955-5100 (M-F 9 am to 5:30 pm EST).