Phoenix Automotive Defect Attorney
Every day, innocent victims die in car accidents. There are times when a car accident is not caused by a negligent driver or dangerous roadway but by something inherently wrong with the vehicle. Using dangerous auto products can result in life-altering injuries or wrongful death.
Every time you get in your car and hit the road, you expect it to perform as it should. In addition to normal wear and tear, manufacturing and design defects can pose a serious risk to you and everyone around you. While you have every right to assume that the makers of your vehicle did their jobs reasonably well, sometimes that is not the case. Auto defects can cause serious accidents that result in fatalities and severe injuries.
A manufacturing defect can cause a car accident, which makes recovering damages more difficult than if another driver’s negligence caused the accident. It can require careful research and expert testimony to prove in court that an accident occurred because a car’s brakes failed rather than because the driver failed to press the brakes in time.
There is help available for you in this situation.
At Gallagher & Kennedy, our Phoenix automotive defect lawyers have decades of experience negotiating fair deals with automakers and part manufacturers. You can obtain compensation for your injuries, property damages, and other losses if you contact us. We are happy to provide you with a free consultation in Arizona.
How Can Our Phoenix Auto Product Liability Lawyers Help You?
- Our approach to auto product liability law is uniquely practical. Our first step is to get to know you. Once we have learned everything about your case, we hire the best experts to help us help you.
- Our clients are our priority. Our knowledgeable attorneys will handle every step of your auto product liability case.
- If we cannot recover compensation for you, we do not collect attorney’s fees. As a contingency-fee-based firm, we assume all financial risks associated with your accident claim.
Our Phoenix product liability attorneys have extensive experience investigating and exposing negligence in product liability claims. Our law firm can help if an automobile defect has injured you or someone you love.
Consultation is free of charge. To schedule a free consultation with one of our attorneys, contact us by telephone, email, or the contact form on our website, and one of our attorneys will get in touch with you.
Phoenix Auto Product Liability Cases: An Overview
The law does not require manufacturers of auto products to guarantee customer safety. Manufacturers must, however, exercise a reasonable degree of care when designing, manufacturing, and marketing their products.
Reasonable care in manufacturing automobile parts refers to the amount of prudence an ordinary enterprise will exercise.
- What caused the tire blowout? Were the tires defective?
- Have you suffered airbag burns or eye injuries due to a defective airbag?
- During the crash, did the seatbelt become unlatched because of a defect?
- Did faulty brakes cause the accident?
- Did the vehicle accelerate uncontrollably because the accelerator was defective or stuck?
- During a rollover crash, did a roof structure fail?
A manufacturing company that fails to meet the proper standard of care can be liable for defective products and related damages. The right of the consumer to sue for an auto defect extends well beyond the legal theory of negligence. Companies are strictly liable for product defects, even if negligence is not proven.
Even if a manufacturer did nothing wrong, you can hold it liable for the victim’s damages if its product caused a catastrophic injury. You can hold companies liable for serious injuries if their products have inherent flaws or design defects. It is possible to recover compensation for your damages even if you cannot prove negligence as a victim. Feel free to contact our Phoenix product liability lawyers for a free consultation.
Arizona Product Liability Claims
Unlike typical personal injury lawsuits, auto product liability claims require fewer elements of proof. Due to strict product liability rules, most victims won’t have to prove the manufacturer was negligent, just that its product was defective and unreasonable.
An injury lawyer from Gallagher & Kennedy can examine your case and determine whether strict liability applies. Our attorneys can still file a negligence claim against the manufacturer if the manufacturer is not at fault.
If an Auto Part Fails, Can You Sue the Manufacturer?
If the circumstances of your case allow it, you can – but it depends on what you are going through. The cause of some auto defects isn’t always apparent; it might have been an issue with the manufacturing process or an unintended consequence of a material change. You may not always have a viable claim if the manufacturer discovers the issue, informs the public, and then fixes it in good faith.
A successful claim requires that you show:
- There was a problem, but the manufacturer didn’t fix it before they sold the cars, or
- Despite knowing there was a problem, the manufacturer didn’t recall the cars.
- There was a problem that the manufacturer tried to cover up, or they hid it from the consumer.
- Once they discovered the problem, the manufacturer did not recall the cars or attempt to fix older and newer models.
You must prove the manufacturer’s negligence. The owner of a recalled car who chooses not to repair it cannot always file a claim if the manufacturer recalled the car for a defect.
Local Injury Lawyers for Accidents Caused by Manufacturer Defects
In Arizona, you have a limited time to file a claim against a manufacturer if you suffered an injury in a car accident caused by a manufacturing defect. When you hire our attorneys, we can file your claim within the state’s deadlines. You can count on us to gather the information you need quickly.
In addition, we can assist you in identifying the factors that contributed to the accident, such as:
- Automobile design defects
- Automobile manufacturing defects
- Failure to warn vehicle owners about known safety hazards
- Design flaws in products
- Problems with vehicle transmissions
- Breakdown of a vehicle
- Steering malfunction
- Suspension defect
- Automobiles with faulty components for which the manufacturer has not issued a recall
Manufacturer defects can result in a vehicle that does not perform or respond as expected by the driver. It is possible to hold the manufacturer financially responsible for your injuries, losses, and other expenses if a manufacturer defect caused the car accident.
Using a Car Accident Report to Support Your Claim
You must obtain a car accident report to file a claim against your vehicle’s manufacturer and the insurance company.
You must back up your claim against the vehicle manufacturer with the official police report and:
- Pictures of the exterior of your vehicle from all angles.
- Photographs of your car’s interior damage, noting airbags, VINs, steering columns, and other important parts.
Our Phoenix auto defect lawyers can help you collect the evidence you need to build a strong case against the manufacturer.
What Types of Damages are Recoverable?
Depending on your case, we can recover:
- Expenses associated with medical care, such as hospital fees, doctor’s fees, and surgery
- Costs incurred fpr medication, rehabilitation, therapy, and mobility aid
- Expenses incurred from time away from work due to injuries
- Lost earning capacity, if your injury affects your ability to work
- Vehicle repairs
- Pain and suffering
- Wrongful death
Defective Car Parts: Who’s Responsible?
Manufacturer defects cause about 2 percent of all car accidents, according to the National Highway Traffic Safety Administration. If one of those defects caused your car accident and injured you or a loved one, our experienced Phoenix product liability lawyers can help you.
You may seek damages from the responsible party or parties, but first, you must determine the cause of the product’s malfunction or defect.
You need a lawyer to determine how and why a defect occurred and how and why it resulted in someone’s injury before you take legal action. Then your lawyer must determine who you can hold liable for any damages resulting from that failure. Who designed the part? Did the manufacturer assemble the vehicle? Who or what was responsible for maintaining the motor vehicle?
Our legal team can decide which party, or parties, to sue for compensation by determining who is at fault. You may pursue damages from more than one responsible party.
Liability of Manufacturers
For instance, a poorly designed brake pad may cause a car accident resulting in personal injury and property damage. Either the brake pad designer or the engineering company may be liable in this case. There is also the possibility that the brake pad was installed incorrectly by an auto mechanic, leading to the failure and accident. This company is responsible for the vehicle’s maintenance and is thus liable for damages. It would be the manufacturer who would be responsible if the brake pad had been installed incorrectly by the manufacturer.
What Are the Most Common Auto Defects?
Safety defects, according to the National Highway Traffic Safety Administration, are issues that exist in motor vehicles or motor vehicle equipment that:
- Increases the risk of motor vehicle accidents.
- The same technology is in a group of vehicles of the same design, manufacture, or equipment of the same model and manufacturer.
Defect means “any defect in the performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.” Suppose one of your tires blows out while driving. It is not a safety defect. In contrast, if your gear shifter suddenly switches from park to reverse, it will be regarded as a safety defect, and the manufacturer may issue a recall.
Auto defects vary in frequency.
Among them are:
- A sudden malfunction in the steering wheel
- Cars that speed up on their own due to accelerator defects
- Defects that cause tread separation or uneven wear on tires
- Airbags deploy too forcefully, at the wrong time, or don’t deploy at all
- Unlockable seatbelts
- Brakes with defects
- Faulty fuel lines can cause car fires
A successful case requires thorough investigation, regardless of whether faulty manufacturing or defective design caused your injuries. Our Phoenix auto defect lawyer can thoroughly investigate injuries caused by auto defects.
Our Lawyers Fight for the Rights of Injured People
Auto defects can cause very violent accidents, especially when they involve brakes or inadequate tires, resulting in:
- Burns
- Spinal cord injuries
- Back and neck injuries
- Traumatic brain injuries (TBI)
- Limb amputations
- Scarring or disfigurement that lasts a lifetime
Our legal professionals at Gallagher & Kennedy will review your injuries and provide honest assessments about the level of treatment you need now and in the future. We will prepare your case based on this information. We treat every case as if it were going to trial. Due to this high level of preparation, defendants are under pressure to settle for a lot of money.
As a group of capable litigators, we have a reputation for excellent courtroom skills. We are not afraid to take on car manufacturers who put profits above consumer safety. Research and testing should go into designing and manufacturing vehicles, and carmakers cannot ignore unreasonable risks.
Know Your Rights Regarding Dangerous Auto Products and Liability of Manufacturers
Phoenix Auto Product Liability Lawyer, Bob Boatman
Get in touch with us today to find out why other Arizona residents have relied on us for years. Law firms usually handle cases involving product defects on a contingency basis. There is no fee unless we obtain a settlement on your behalf.
Our Phoenix auto product liability attorneys handle product defect cases connected to all types of vehicle parts. We represent businesses and individual clients throughout Arizona.
Learn more about your specific case and legal options during a free initial consultation. Contact the Phoenix personal injury lawyers at Gallagher & Kennedy today, or call us at (602) 530-8400. You can also get help from us if an auto defect has injured you.
You deserve justice, so don’t be afraid to ask for it. Our firm’s Phoenix defective product lawyers will guide you through the legal process from beginning to end.
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“I wholeheartedly recommend Gallagher and Kennedy. I had the privilege of working with Shannon Clark and was impressed by his professionalism, kindness, honesty and integrity. I cant recommend him highly enough.”
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Gallagher & Kennedy – Phoenix Office
2575 E Camelback Rd, Suite 1100
Phoenix, AZ 85016
Tel: (602) 530-8400