Types of Possible Lawsuits Against Car Makers

Buying a car is a big purchase. You may research the best car brands and take multiple test drives to find the right car for you. But even after all this research, there could be defects that put you and your family in danger. If you get hurt in a car accident caused by defective car parts, you can file a lawsuit against the automaker for damages.

There are different types of lawsuits against vehicle companies, depending on what happened. To explore what type of lawsuit you can file against the car companies, talk to a local motor vehicle defect attorney.

Legal Claims Against Car Makers

When you file a civil lawsuit against a car company, you’re seeking damages for your losses. The type of legal claim can depend on your damages and injuries. Types of legal claims you can file against an automaker include:

• Breach of warranty and lemon law claims
• Product liability claims for injuries
• Wrongful death lawsuits
• Class-action lawsuits

Breach of warranty is generally for defects that aren’t safety-related or don’t cause physical injuries. If you or your family members get hurt in a car accident caused by a vehicle defect, you can file a product liability lawsuit. For fatal accidents, a wrongful death claim can help you get damages. When a lot of people have similar claims, they can join together in a class-action lawsuit to take on the big auto companies.

Understanding Product Liability Claims

Car manufacturers have a responsibility to design safe vehicles and manufacture their vehicles according to those designs. If the design of the cars is faulty, the car company may be liable for a design defect. If the manufacturer didn’t make the vehicle according to the design, it could be a manufacturing defect. If the vehicle company knew that the vehicles were unsafe, they had a duty to warn customers of unexpected risks.

Product liability cases aren’t like negligence claims for personal injury accidents. You don’t have to show that the company was negligent in causing your injuries. The company is liable for putting an unsafe vehicle on the market for consumers. Anyone involved in the chain of vehicle sales is liable, including the manufacturer, distributor, or dealer.

For example, the Toyota Motor Corporation faced many product liability claims for unintended acceleration accidents. Several Toyota vehicles had design problems with the accelerator pedal and floor mats. The automaker was liable for injuries caused by the gas pedal design defects.

Wrongful Death Lawsuits for Fatal Accidents

When a vehicle defect causes a fatal accident, the victim can’t file a personal injury claim against the automaker. However, family members can file a wrongful death claim to hold the car company responsible for the loss of a loved one. Damages in a wrongful death case include loss of financial support, funeral expenses, and punitive damages.

Class Action Lawsuits Against Car Manufacturers

Some vehicle defects are minor—they may not be worth a costly lawsuit. However, there may be thousands of other vehicle owners with similar problems. By joining together, you have strength in numbers. A class-action lawsuit is a way for multiple class members to take on the big automakers.

To join a class-action lawsuit, a federal court has to certify the class. Class action certification has specific requirements, including:

• A large enough group of plaintiffs
• Common legal issues for all members
• Similar claims
• Fair representation
• Ascertainable damages
• Risk of inconsistent rulings with separate court claims

Class-action claims for vehicle defect cases have benefits and disadvantages. Talk to a lawyer for legal advice about class-action lawsuits.

Lemon Law Car Warranty Claims

Vehicle defects that aren’t safety-related are still frustrating for buyers. When you buy a new vehicle, you expect it to function for at least a few years before needing repairs. Unfortunately, many car buyers have to deal with costly repairs and breakdowns within weeks of buying a new car or truck.

Buying a new vehicle generally comes with a warranty. The type of warranty can depend on the carmaker, dealership, and type of vehicle. There are also implied warranties under state law. A vehicle sold should be fit for ordinary use and purpose. If vehicle defects prevent you from using your car, truck, or SUV, you can file a breach of warranty claim against the dealer.

Consumer protection and lemon laws vary by state. Some states have much stronger consumer protections than others. To understand your warranty rights with a new car, talk to your consumer protection lawyer.

Potential Compensation in Car Manufacturer Lawsuits

Compensation will help cover some of the costs of a product defect accident. Compensatory damages include economic and non-economic losses. Compensation includes out-of-pocket expenses and future costs that you will have to pay. Potential compensation in a vehicle defect case includes:

• Medical expenses
• Lost income
• Future medical treatment
• Loss of enjoyment in life
• Emotional distress
• Property damage

Motor Vehicle Safety Recalls

The National Highway Traffic Safety Administration (NHTSA) investigates reported car safety issues. If the NHTSA finds safety risks, they can have the car maker recall affected vehicles for repair or to replace defective parts. You can search the NHTSA website for vehicle recalls based on your VIN or make and model year.

From 2009 to 2011, Toyota had to recall more than eight million vehicles for sudden acceleration risks. Toyota owners could take their cars in for brake override systems, pedal replacement, and floor mat replacement. The recalls affected multiple vehicle models, including the Avalon, Camry, Prius, and Lexus.

How To File a Claim Against a Car Maker

You can start a claim against an automaker with a civil complaint filed in court. You have a limited amount of time to file a personal injury claim. The statute of limitations only gives you a certain amount of time from the accident to file a lawsuit. The time limit varies depending on your state law.

Talk to a vehicle defect attorney about how to file a claim against a car maker. Your lawyer can review your case and explain your legal options. They can file the lawsuit in court and follow the court rules to hold the car company accountable. Your lawyer can also negotiate for a settlement to pay for your damages. Contact a local motor vehicle defect attorney for help filing a claim against the automaker.