Skilled Accident Lawyers Seeking Compensation for Vehicle Defects and Associated Accidents in Monmouth County, Ocean County, and across Southern NJ
In 2021, more than 278 million personal and commercial vehicles were registered to U.S. drivers. And the trend is toward even more registered vehicles on the road: they grew in number by nearly 4% between 2017 and 2021. This is all according to Forbes.com. In 2021, there were more than 2.5 million registered automobiles in New Jersey, per statista.com.
With so many vehicles being produced and driven, finding defects among them is inevitable. When a defect causes an accident involving loss of health, property, or life, however, it’s time to call an experienced lawyer at our New Jersey personal injury firm to pursue remuneration for the expenses caused by these defects.
If you or a loved one has been hurt in a car accident caused by a defective auto part or vehicle defect, we urge you to consult with an experienced product liability attorney at our office to discuss your case in Freehold, Belmar, Middletown, Keansburg, Matawan, and neighboring communities. Our team will gather all relevant evidence to build a strong case and get you the compensation you deserve for your injuries and the harm and damages suffered by those around you. To schedule a confidential consultation, call us today at (732) 303-7857 or contact us online.
An Introduction Vehicle Defects in Product Liability Law in NJ
When a product is defective or unsafe and harms or damages a person or property, the parties involved—manufacturers, distributors, retailers, or anyone involved in producing and distributing a product—have a legal responsibility.
There are three primary types of product defects that can give rise to product liability claims. Defects usually fall into one of three categories:
1. Design
In other words, the defect exists even before the product is manufactured, and the problem affects all instances of the product;
2. Manufacturing
Something occurred during production, resulting in a product that is dangerous or defective.
3. Marketing
This involves the failure to warn consumers that the product has defects that can result in harm.
Manufacturers and distributors are bound by law to make sure that the things they make and distribute are safe when used as intended. By law, they can be held financially responsible for all the expenses that can accrue when a product is defective, including medical expenses, damage to property, lost income, pain, and suffering.
What is the New Jersey Motor Vehicle Warranty Act?
Commonly referred to as the New Jersey Lemon Law, it offers recourse to consumers who find themselves stuck with a “lemon” of a vehicle with persistent defects that impair the vehicle’s use, value, or safety.
The law generally covers new cars, trucks, and motorcycles that are used for personal or household purposes.
The defect must be reported to the manufacturer or authorized dealer within the first two years or 24,000 miles of ownership. If the owner makes a reasonable number of attempts to get the vehicle fixed (usually 3 or more), the law may provide relief.
Car Parts That May End Up Being Defective
Any auto part may have defects in design, manufacture, or assembly. Some defects are cosmetic and won’t affect safety. But some, like the systems for brake, fuel, lights, steering, exhaust, and lubrication, or the gas pedal or air bags, the seatbelts or door latches, the tires or the transmission, are essential to passenger safety.
Types of Injuries Resulting from Defective Car Parts
The severity of injuries people incur from defective car parts ranges from minor to life-threatening. The most common injuries include:
- Whiplash and neck injuries. These are generally caused by defective seat belts and headrests, especially in rear-end collisions.
- Traumatic brain injuries (TBIs): These can happen as a result of airbags deploying inadequately, because of faulty seat belts, or because of defects in the vehicle’s structure. All can contribute to head injuries like concussions and more severe traumatic brain injuries.
- Spinal cord injuries: Again, defective seat belts, airbags, or vehicle structures can result in spinal cord injuries, which unfortunately can lead to partial or complete paralysis.
- Broken bones: A poorly designed crumple zone or defective door latches can cause broken bones.
- Burns: If a fuel or battery system or electrical parts malfunction, they can contribute to fires and explosions that cause burns.
- Internal injuries: These can be caused by impact on the vehicle’s components or surfaces.
- Lacerations: Sharp edges, shards of glass from shattered windows, and flying objects within the car can cause cuts and bruises.
- Amputations: Severe accidents can result in traumatic injuries that lead to amputation.
- Eye injuries: Shattered glass, debris, poorly designed airbags, and other defects can cause eye injuries.
- Emotional and psychological trauma: People who are involved in an accident caused by defects in the vehicle can go on to experience emotional distress, anxiety, and post-traumatic stress disorder (PTSD).
Sometimes, these injuries have long-lasting—and even permanent—effects on a person’s quality of life. You can sue for compensation for these adverse effects with the help of experienced attorneys.
What are the reasons for an automotive recall?
Automobile manufacturers often recall their own products, and regulatory agencies, such as the National Highway Traffic Safety Administration (NHTSA), do too when there is a safety-related defect. These recalls are key to the safety of anyone who uses the roads.
Cars get recalled mainly because of safety defects in critical systems like airbags, electrical, brakes, fuel, or steering. Autos also get recalled because of defects in tires. Sometimes, vehicles are recalled because they don’t meet emissions standards set in response to environmental regulations. We hope that structural or stability issues or a system that poses a fire hazard will be recalled.
Modern cars rely heavily on software and electronics. Defects in these systems may affect infotainment systems, a vehicle’s control systems, or features like adaptive cruise control. If child safety devices like safety seats or restraint systems don’t work, that can trigger a recall.
If enough consumers complain, or if accidents and injuries result from a particular model of car, regulatory authorities begin to investigate. Consumers can file a report with the Department of Transportation’s Vehicle Safety Hotline or through U.S. Mail.
Manufacturers usually announce a recall in the news media or via public notices, and owners of that particular brand are usually notified by mail or on the manufacturer’s website. If you are alerted to this kind of announcement, it’s important to act swiftly—for your safety and for others.
Understanding the Difference Between Negligence and Strict Liability
You may decide to prove either negligence or strict liability. In a negligence claim, you must show that the manufacturer or seller acted unreasonably when designing or distributing the product. In a strict liability claim, you generally only need to prove that the product was defective and caused harm—it doesn’t matter whether or not the manufacturer was negligent.
Elements of Strict Liability Lawsuits
To pursue a strict liability lawsuit, the consumer (who will be the “plaintiff” in the proceeding) must demonstrate convincingly that:
- That the auto part or vehicle was defective;
- That the defect was present when the part of the automobile left the responsibility of the liable party (who will be the “defendant” in the proceeding);
- That the manufacture or design caused the plaintiff’s injury and
- That there is a clear link between the product’s defect and the plaintiff’s injuries or damages. You must show that the defendant didn’t exercise reasonable care when designing or manufacturing the part or vehicle.
Identifying the Defendant in a Vehicle Defect Case
In pursuit of a product liability claim, there may be many defendants. Commonly named defendants include the manufacturer of the auto, a parts manufacturer, and, in the case of a replacement part, entities in the long distribution chain, which includes the company that shipped the part, any middlemen, the retailer, and the mechanic.
Recoverable Damages in a Defective Car Lawsuit in New Jersey
People who’ve lost quality of life because of a defective part commonly experience loss of income and of earning ability while recovering from an injury; expenses for hospitals, doctors, and treatments, including physical therapy and the cost of a rehabilitative center; pain and suffering endured; the loss of a spouse’s consortium; and punitive damages.
Step by Step If You Suspect You May Have a Claim for a Vehicle Defect
You and your attorney will need to collect and preserve all evidence that supports your claim. Examples might be getting your hands on a range of documents: product documentation, manufacturing records, design plans, statements of eyewitnesses, opinions of experts, and your medical records to establish the extent of your injuries.
You—or your attorney—will need to find expert witnesses to provide specialized knowledge and opinions. These experts can help a judge and/or jury to understand complicated technical issues.
Another smart step is to document the product’s history. Compile information about the product’s history, including previous recalls and consumer complaints. This can help demonstrate that the manufacturer knew or should have known about the defect.
You will need to demonstrate that you, as the consumer, used the product in a proper way. If the product was misused or altered and then contributed to the injury, your liability claim may be weakened. Be aware that there is a statute of limitations for filing a product liability claim. Filing after that deadline usually results in the claim being dismissed.
Contact our Middletown Vehicle Defect Accident Attorneys to Explore Your Compensation Options in New Jersey
Product liability cases can be complex and involve several legal theories. If you believe you have been harmed by a defective product, you will need to consult a legal professional who can examine your case, advise you on potential legal action, and guide you as you seek a settlement or go through the judicial process. Our experienced attorneys serve clients injured in accidents that have been caused by defective cars and auto parts in Manasquan, Brick, Asbury Park, Rumson, Colts Neck, Neptune, Berkeley, Long Branch, Ocean Township, and neighboring communities. Call (732) 303-7857 for a free consultation today.
