March 6, 2018 | By Greene Broillet & Wheeler
The modern automobile is a technological marvel. Anti-lock brakes allow drivers to brake on slick surfaces while retaining control of the car. Airbags keep passengers from slamming their heads into dashboards during a crash. And automatic emergency braking systems sense potential collisions and initiate braking.
But what happens if these car safety features fail? Fortunately, drivers and passengers may receive financial compensation for their injuries by suing the manufacturer.
Car safety features should work as advertised. When they don’t, they can cause injuries—to you and to others. However, to receive compensation, you need to do more than point to your injury. Instead, you will probably need to show that the car was defective because the safety feature did not work as designed or manufactured. If you bring a strict products liability lawsuit, you will need to pinpoint some defect, such as:
In your lawsuit, you can sue the manufacturer of the part as well as the manufacturer of the car. For example, an automobile manufacturer might install anti-lock brakes made by a different company. In this situation, you might hold both the manufacturer of the part and the car manufacturer liable.
As part of a strict products liability lawsuit, you can sue anyone who moved the vehicle along the stream of commerce, including:
In California, you might also hold someone responsible for the safety failure for negligence or breach of warranty. These will require that you show a different set of facts.
If you can convince a jury that someone bears responsibility for the defective auto product, then you can receive compensation for your injuries, including economic and non-economic damages.
Economic damages include:
You might also qualify for non-economic damages such as pain and suffering, which covers:
The key is gathering enough evidence to prove both economic and non-economic damages. For example, hold onto all medical bills and receipts to prove how much medical care you have paid for, as well as information regarding medical expenses paid by insurance or any other party. To prove pain and suffering, you can use testimony from your therapist or friends and family to establish how the injury has damaged your life.
Many manufacturers highlight their cars’ safety features when marketing to the public. As a result, consumers rely on these cars to work as expected while on the road. If your vehicle’s safety features fail, the law may entitle you to compensation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Tim J. Wheeler who has more than 20 years of legal experience as a personal injury attorney.