Automotive Defects

Car manufacturers engage in more research and testing than any other industry, so there is no excuse for a defective design flaw getting past their engineers and executives. Unfortunately, in many cases, it does happen, exposing consumers to the risk of serious injury or death.

At Munley, Munley & Cartwright, our Pennsylvania product liability lawyers are familiar with a wide variety of dangerous automotive defects, including cases involving:

SUV, Van and Light Truck Rollovers

A vehicle “rolls over” when it tips onto its side or roof, causing its occupants to be crushed or ejected. This is commonly caused by tire failures, tire tread defects (detreading or delamination), poor stability design, a poorly designed suspension system and inadequate brakes.

Once the rollover occurs, the occupants face additional dangers from weak roof supports that crush or collapse, weak seatbacks that fail, the lack of headrest or head restraint devices, overly aggressive airbags, defective or poor fitting seat belts, dangerous lap-only belts, faulty seat belt buckles and window glass or windshields that allow passengers to be ejected.

Although vehicles roll over in less than three percent of all car crashes, they account for more than one-third of passenger vehicle occupant deaths, the National Highway Traffic Safety Administration (NHTSA) reports.  Rollovers are more common for SUVs and pickups than for cars, and more common for SUVs than for pickups, according to the Insurance Institute for Highway Safety.

The reason most SUVs are unstable on the road is their high center of gravity and narrow track width. Although the SUV is designed to be driven off road, little is provided to protect the occupant, such as roll bars, roll cages or other roof crush or occupant protection.

While Electronic Stability Control (ESC) is a safety feature that can allow a driver to maintain control of his or vehicle during an emergency maneuver, it has not been installed in all SUVs.

Defective Tires (Blowout and De-treading)

All too many accidents are caused by defective tires. These accidents can be especially dangerous when they occur at fast speeds on a highway or interstate road. Two of the most common tire failures are:

• Tire blowouts: This occurs when the tire suddenly falls apart and goes flat in a matter of seconds. If a tire has been made with faulty materials, or you are sold an older tire by a dealer, this may cause you to experience a blowout.
• De-treading: This can occur when the tread falls off the tire as the result of little to no adhesion between the rubber treads and underlying steel belt. These defects can result from poor design and production as well as improper storage by a tire dealer.

Defective Occupant Restraint Systems (Seats, Seat Belts, Airbags and Child Restraints):

Restraint systems are supposed to keep the occupants of an automobile safe when a collision occurs. However, defective seat belts can become unlatched or spool out during crashes. In a front-end collision, a lap-only seat belt may offer little protection, while a defective airbag may fail to operate or else be deployed in a manner that heightens the occupant’s injuries.

Other examples of defective occupant restraint systems are car seat back failures in a rear-end collision or a child restraint or child car seat that allows a child to slide forward or be ejected upon impact.

Fires (Electrical, Fuel System and Post-Collision):

In addition to the injuries a person may suffer from the blunt force of an automobile accident, burn injuries can be suffered if the vehicle catches on fire or explodes. Common motor vehicle fires include:

• Electrical: These fires can be caused by faulty wiring that is the result of human error during production of the automobile;
• Fuel system: These can occur when fuel lines lack proper safety valves or are made with shoddy materials. Sometimes, the tank design itself may lead to a fuel system fire.
• Post-collision: If a car is designed in a way that the gas tank is exposed to puncture or rupture upon impact in a car crash, the manufacturer should be held liable.

 

Defective Steering, Transmission and Brakes

One of the worst experiences for a  driver is the loss of control of a vehicle due to a defective design or part. Steering defects can include problems with the steering column, axles or tie rods. Transmission defects can include sudden acceleration problems. Faulty brakes and brake pads may be on a car from the moment it rolls off the assembly line or when they have been replaced by a mechanic who is looking to cut corners.

Recalls

Since 2006, Toyota drivers have been reporting a problem with spontaneous and random acceleration. According to a 2010 New York Times article, in 2007 Toyota began to investigate the acceleration problem, and in 2009 the company stated that the issue was related to the gas pedal becoming caught underneath the floor mat.

That same year, a total of 5.4 million vehicles were recalled, including the Camry, Avalon, Prius, Tacoma, Tundra, Highlander, Corolla, Venza, and Matrix, as well as the Lexus IS 250, 350, and ES 350.

In 2010, however, Toyota discovered two additional acceleration and braking related problems. First, several popular models such as the Camry and the Tundra had defective or “sticky” accelerators, and the company issued a recall that affected 4.5 million vehicles. Second, there have been recent investigations into the braking system of the Toyota Prius.

The NHTSA is contemplating issuing a requirement to Toyota that a braking override system be installed in all Prius cars so drivers would be ensured that they could depress the brake pedal regardless of any acceleration speed.

The system is currently in some car models across different manufacturers, but there are no federal laws requiring this safety feature to be automatically installed in all newly manufactured vehicles.

You should always pay attention to the latest recalls announced by automobile manufacturers and dealers and by the makers of automobile parts. In many cases, you can have the flaw fixed without cost, and it may prevent a serious and even deadly accident.

Contact Us Today

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. For a free consultation regarding your automotive defect claim, contact us today online for a free consultation or call us toll free at 877-421-9173.