Over the years, we have all heard of defectively engineered or manufactured motor vehicles - from SUVs that roll over too easily to cars whose gas tanks explode when they are rear-ended even lightly. If you have been injured in a motor vehicle accident that you suspect might have been caused by an engineering or other defect in the motor vehicle, you want to be compensated for your injuries and you want the manufacturer to recall and repair, or at least remove from service, the dangerous vehicles. The law firm of Gregory A. Yates, P.C., located in Encino, helps victims of defective motor vehicles throughout southern California receive the money damages they are entitled to and can help compel the manufacturers to recall and repair other defective vehicles. They can help you as well.
Representing victims of defective motor vehicles in southern California.
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(310) 858-6944
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Motor Vehicle Defects - An Overview
Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or manufactured vehicles can be dangerous, and can cause serious injury or death.
Responsibility for Defective Motor Vehicles
The rules on who is responsible for a defective motor vehicle, and what must be proven in court to hold them liable, vary from state to state. In most states, the parties who may held liable include
- The vehicle manufacturer
- The manufacturer of defective component parts (for example, tires, hoses etc.)
- The dealer, if the vehicle was purchased from a dealer
A party may be held liable for several different reasons. The three most common reasons for holding someone liable are breach of warranty, negligence, and strict liability.
An experienced products liability attorney will advise you about the rules that apply in your state.
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The Concept of "Crashworthyness"
The most important concept in vehicle defect liability cases is "crashworthiness". Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision. During a collision, a vehicle's occupants are subject to a number of forces that can result in injury, including rapid deceleration and rapid acceleration, depending on the direction of impact in the collision. Crashworthiness deals primarily with the 'second collision' that results from these forces, in which the driver and passengers collide against the interior of the vehicle. An effective crashworthy vehicle design will distribute these injurious forces over as great a period of time and distance as possible, including by directing them to parts of the body that are more capable of withstanding them.
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Elements of a Motor Vehicle Defect Claim
Unlike an ordinary personal injury claim for negligence, in order to establish a vehicle manufacturer or seller's liability for a vehicle defect, you do not need to show that they were careless, and that their carelessness led to your accident or injury. Instead, liability in motor vehicle defect cases is controlled by the doctrine of strict liability.
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Vehicle Safety & Restraint Devices
Vehicle safety is a significant consideration, both in terms of liability for injuries resulting from automobile accidents, and when the average consumer is shopping for a new car. Every new passenger vehicle must meet federal standards specifying minimum safety levels, but this doesn't mean all cars are equally safe. There still are important safety differences. Identifying the safest car on the road is impossible, but it is possible to shop for a safer car because some vehicle characteristics are inherently safer than others, and many automakers offer safety features beyond the required minimums.
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Motor Vehicle Defects RECALLS
One of the most common vehicle defect issues faced by the public is that of safety recalls of a motor vehicle. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration or the vehicle manufacturers themselves, in response to a discovered defect in a vehicle or a component of that vehicle. So it is important to understand the procedure that is followed in vehicle recalls, and the respective responsibilities of those involved.
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Firm Overview
