New York Car Defect / Malfunction Lawyers
Motorists should be able to reasonably expect their vehicles to work correctly, with mechanical failures only appearing after significant wear and tear. However, if parts fail unexpectedly, motorists may be significantly endangered as a result. These malfunctions can lead to the loss of control for a driver, potentially causing an accident. In such an accident, a driver may sustain severe injuries, as they may not be able to slow down or use safety devices before a collision.
If you or someone you love has sustained an injury in a car accident that was caused by an automotive manufacturer’s defective part, the negligent manufacturer should bear the financial burden of the accident, rather than you or your loved one. To discuss taking this legal action, contact a New York car defect attorney of Hach & Rose, LLP, today by calling (212) 779-0057.
Do I Need a Car Defect Lawyer?
A defect in a car is a type of product defect that can result in a product liability claim. Product liability claims allow ordinary individuals to hold often massive corporations accountable for taking negligent shortcuts and producing dangerously subpar products. Generally, product defect liability can arise in any consumer product, whether as a result of a design problem or a manufacturing error. Thus, if all cars of a particular type are designed poorly or a single car is manufactured incorrectly, it could result in safety issues that cause an accident. These issues are complex and often require scientific and engineering expertise to sort out precisely what the problem is with a defective part, as well as experienced and skilled legal representation.
An attorney who has experience in car defect litigation will understand the strategies involved in proving the existence of defects and will be able to effectively use expert witnesses, legal research, their firm’s resources, and their legal knowledge to make the case that a manufacturer or distributor should be held liable. Because this type of case is very technical, it is crucial to discuss your case to an attorney who is skilled in these matters and who will provide the attention to detail necessary to obtain the compensation you deserve in your case. It can be exceedingly difficult to pursue a product liability case on your own. Most individuals lack the resources necessary to pursue these claims successfully. A law firm, on the other hand, can make use of their staff to perform legal research, can more easily hire expert witnesses, and can leverage their knowledge of the legal process to anticipate challenges before they arise.
Why Choose Hach & Rose, LLP to Handle My Case?
Choosing an attorney may feel like an enormous burden while you are dealing with your injuries from an accident caused by a car malfunction. You want to find someone with the right experience and qualifications to build a successful case. Hach & Rose, LLP has over 100 years of combined experience in assisting injury victims like you. When it comes to car defects and malfunctions, we have the resources to devote the time necessary to investigate your case thoroughly. We are dedicated to pursuing all of the crucial details and fully understanding why the manufacturer should be responsible for a defective part that has caused your injuries. We will not shy away from working on challenging cases. Our firm is prepared to take on large corporations in settlement negotiations and litigation until we achieve your desired result.
In addition to the length of time we have devoted to serving injured victims, our attorneys maintain high rankings from their peers and enjoy excellent reviews from clients. Partner Michael A. Rose has achieved an AV Preeminent peer review rating from Martindale-Hubbell. He has obtained multiple multi-million dollar verdicts for clients while maintaining a Superb 10 out of 10 rating on Avvo and being featured in New York Magazine’s top-rated lawyers for the New York area. Mr. Rose has also been listed as a super lawyer each year between 2012 and 2019.
At Hach & Rose, LLP, we will work as a team to litigate your case efficiently and effectively. We strive to keep our clients informed and keep your best interests in mind as our guiding principle. We genuinely care about the results we obtain for our clients, and we, therefore, seek to help you achieve the most beneficial outcome possible.
Dangerous Automotive Defects
Automotive manufacturers have a responsibility to consumers to adequately test their parts and to produce safe, reliable parts. If a manufacturer shirks this responsibility by producing a sub-par part that causes an accident, this is likely sufficient for a person to take legal action. At Hach & Rose, LLP we take manufacturer’s failures in maintaining a reasonable level of safety very seriously, especially in an area as risky as car production. In particular, the following defects may be particularly dangerous:
- Tire and wheel defects – May lead to swerving and crashing
- Brake defects- These issues can be severe, especially on the highway or in hilly areas
- Steering defects- Can cause drivers to lose control of their vehicles
- Safety equipment defects- Issues such as airbag defects or seat belt defects can be hazardous since drivers and passengers count on this equipment to protect their lives in the event of a crash
- Electrical defects- Can cause a wide variety of problems, such as, brake light or indicator failure which impairs your ability to inform other drivers of your actions
These malfunctions can directly lead to or actively contribute to an innocent person’s injury, which may leave them in need of medical care and losing income due to missing work during recovery. This can place a significant financial burden on an injured individual’s household. Fortunately, these financial burdens may be the responsibility of the automotive producer or manufacturer who made the defective part.
A recent highly publicized example of a car product liability case was the wrongful death case of actor Anton Yelchin. He tragically died after his car rolled down his driveway and pinned him down. The cause of the accident is believed to have been a gear shift defect which the manufacturer was aware of, that cased roll away incidents. His family then filed a wrongful death suit against the vehicle’s manufacturers, later settling for an undisclosed amount.
Pursuing a Defect or Malfunction Case
Usually in a car accident, you must show that the person who caused the accident was negligent. When you are trying to hold a manufacturer liable in a car defect case, however, negligence or carelessness are not always the major factors. In this type of product liability case, arguments made against manufacturers fall under a theory of liability known as strict liability. Manufacturers of all kinds of products, including cars, have a duty to make sure their products function at a certain level of safety. While it may not be necessary to show that the manufacturer was negligent, doing so will likely improve your case. To prove that a manufacturer was liable, your attorney must demonstrate the following:
- The car had an unreasonably dangerous defect, and this defect caused or significantly contributed to your injury.
- At the time of the injury, the car was being used in the way it was intended to be used. This means that driving a car in conditions that it was not intended for, or in a manner that it was not intended for, may prevent you from having a successful claim.
- The car must be in a similar condition to the way it was when it was sold. It cannot have been substantially altered, which means that the way the vehicle is intended to perform cannot have been substantially changed.
If a loved one has sadly passed away due to a car’s defect, you may be able to file a New York wrongful death lawsuit. Seeking compensation for the passing of a family member can help you cover the cost of funeral expenses, medical care, loss of income, pain and suffering, and loss of companionship.
If the car’s design or manufacturing caused an unreasonably dangerous defect, the manufacturer may be able to be held responsible. Similarly, if the vehicle requires a warning label for a dangerous aspect that was not provided, this can be a basis for manufacturer liability. However, if you were aware of a defective condition in the car, it could affect your ability to recover compensation for a defect. If a loved one has passed away as a result of an automotive defect, you may be able to file a wrongful death suit. An attorney will be able to explain how the specific facts of your case and the laws in this area interact so that you can make an informed decision about whether or not to pursue a lawsuit.
Damages Available in Car Defect or Malfunction Cases
If your case involves a defectively manufactured car part, and you can successfully prove that the manufacturer is liable, you may be wondering what you can recover. There are several types of damages available in a successful car defect or malfunction case. These include economic and non-economic losses.
Economic losses are sometimes called special damages or monetary losses and generally can be given a particular monetary value. They include things such as medical expenses, lost wages, and costs to repair your property.
Non-economic losses, sometimes called general damages or non-monetary losses, are harder to measure. They include things such as pain and suffering and loss of consortium or companionship. Additionally, at times, a court may award punitive damages to punish the manufacturer for their carelessness and discourage similar behavior in the future. Punitive damages are usually only available if the manufacturer is shown to have been egregiously reckless.
If you’ve been injured because of a defective or malfunctioning part in your motor vehicle, you may be entitled to seek compensation and justice for your undue suffering. It is also vital to hold careless car manufacturers accountable when their lack of concern for consumer’s safety causes you, or a loved one harm. For more information regarding your legal options after a car accident caused by a defective part, contact the New York car accident lawyers of Hach & Rose, LLP, at (212) 779-0057 today to schedule a FREE, no-obligation consultation with a knowledgeable member of our team today.