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A used car dealer has a duty to discover and repair any obvious defects in the vehicle, or defects that are reasonably discoverable.
Cars, trucks, and other motor vehicles are built with more safety features that are designed to protect you in case of a motor vehicle accident. Unfortunately, despite all the safety devices, people are still being injured by motor vehicle defects such as cars and SUVs that tip or rollover too easy, injuries caused by seat belts and other safety devices, and auto tire defects. Motor vehicle defects fall into the broad category of product liability. Product liability cases are typically complex and require a thorough analysis of the facts and law applicable to a claim to determine liability for any injury or damage caused by the dangerous or defective product. The motor vehicle defects attorneys at Bednarz & Bednarz are experienced in handling all types of motor vehicle defect cases for people in Nashville, and throughout middle Tennessee, including Davidson, Wilson, Rutherford, Williamson, Cheatham, Robertson, and Sumner counties. If you or a member of your family has been injured due to auto tire defects, SUV rollover, or some other motor vehicle defect, the skilled motor vehicle defects attorneys at Bednarz & Bednarz can help you. Contact us to speak with an experienced auto defects lawyer and get the help you need.
Motor Vehicle Defects - An Overview
In general, motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or defectively produced vehicles can be dangerous and can cause serious injury or death. If you or a family member has been injured in an automobile-related accident caused by a defective or poorly designed component, call today to schedule a consultation with an experienced products liability attorney who can advise you about the rules that apply to your situation.
The Concept of "Crashworthiness"
The most important concept in vehicle defect liability cases is "crashworthiness". Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision. During a collision, a vehicle's occupants are subject to a number of forces that can result in injury, including rapid deceleration and rapid acceleration, depending on the direction of impact in the collision.
Elements of a Motor Vehicle Defect Claim
Unlike an ordinary personal injury claim for negligence, in order to establish a vehicle manufacturer or seller's liability for a vehicle defect, you do not need to show that they were careless, and that their carelessness led to your accident or injury. Instead, liability in motor vehicle defect cases is controlled by the doctrine of strict liability.
Vehicle Safety and Restraint Devices
Vehicle safety is a significant consideration, both in terms of liability for injuries resulting from automobile accidents and when the average consumer is shopping for a new car. Every new passenger vehicle must meet federal standards specifying minimum safety levels, but this doesn't mean all cars are equally safe. There still are important safety differences. Identifying the safest car on the road is impossible, but it is possible to shop for a safer car because some vehicle characteristics are inherently safer than others, and many automakers offer safety features beyond the required minimums.
Motor Vehicle Defect Recalls
One of the most common vehicle defect issues faced by the public is that of safety recalls of a motor vehicle. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration (NHTSA) or the vehicle manufacturers themselves in response to a discovered defect in a vehicle or a component of that vehicle. So it is important to understand the procedure that is followed in vehicle recalls and the respective responsibilities of those involved.
Motor Vehicle Defects Resource Links
Consumer Complaints Search Engine
Federal Trade Commission (FTC) Guide for Consumers
The Insurance Institute For Highway Safety
National Automobile Dealers Association (NADA)