Could I Have An Auto Product Defect Case?
An unfortunate reality for people injured or killed in a motor vehicle collision is that most drivers carry only the minimum auto insurance that their state requires. With a minimum requirement of only $25,000.00 in Nevada, most negligent drivers are vastly underinsured.
The common law Second Collision doctrine permits a plaintiff to be compensated when a vehicle manufacturer fails to design a vehicle that protects occupants in the event of an accident. This covers injuries that are enhanced because of a defective design; meaning the motor vehicle manufacturer is liable for the injuries regardless of how the accident happened, or who is at fault for the accident. This also applies to motor homes (RVs), limousines, carrier vans, ambulances and the like.
Here are a few examples of vehicle defects that can contribute to or increase the injuries sustained in a motor vehicle accident:
- A minor collision at low or residential speeds resulting in major injuries or even death;
- One person in the vehicle is severely injured or killed while others in the vehicle suffer minor, or no injuries;
- Major damage to a localized area of the vehicle. This can mean that an area or component failed. These situations can involve a tire blowout or detread, roof crush, or seat-back failure;
- Seat-belted occupants are seriously injured or ejected from the vehicle. Seatbelt induced injuries such as abdominal or spinal cord injuries are often an indicator of a seatbelt failure. Ejection from a vehicle when the occupant is belted in is a strong suggestion that the seatbelt failed to properly restrain the person;
- Vehicle rollovers caused by faulty suspension or result in roof crushes due to poor design;
- Faulty vehicle ignition switch causes loss of power steering or brakes and can also cause airbags to not deploy;
- An airbag deploys during a minor vehicle accident or the airbag does not deploy when it should.
Unfortunately, when there is a motor vehicle accident, the persons involved and attorneys alike focus on the actions of the negligent driver, and sometimes fail to investigate additional avenues of recovery. Please keep the above in mind, and if in a motor vehicle accident please call us to discuss additional areas of recovery, even if you are the person at fault for the motor vehicle accident. Defective auto product cases are
unique and different from auto negligence insurance cases, and something we can help you with.
If you have any questions on an auto product defect case, please feel free to reach out to me at bmorrison@cpklaw.com or 702-380-2800.