Can You Sue a Manufacturer for Defective Car Parts After an Accident?

After a car accident, the first person you look to for claiming damages is often the driver of the other vehicle. But what happens if that driver didn’t do anything wrong? What happens if the accident was actually caused by a defective car part, either in your vehicle or in someone else’s? A car accident attorney in San Antonio can help you sue a manufacturer if a defective car part has caused an accident.

From a San Antonio Car Accident Attorney: Suing for a Defective Car Part

Texas product liability laws, under the Texas Civil Practice and Remedies Code, Chapter 82, permit you to bring a lawsuit based on strict liability, negligence, or a breach of warranty. Let’s explore in depth what all this means and how it has bearing on your car accident case.

Qualifying as “Defective”

The first question is whether you’re able to prove that the part was genuinely defective. The law defines a defective part as one that fails to perform its intended function or which poses an unreasonable risk due to a flaw. There are several ways that this can happen. The first can be because of a defect in the manufacturing. A part that has a manufacturing defect was designed well but not produced properly. This could be because the manufacturer’s specifications were not followed during production or because improper materials were used during the course of that production.

A design defect is a bit different. A design defect occurs when the actual design of the part itself was unsafe, meaning it would have problems even if it was manufactured perfectly. It’s important to determine which type of defect you’re dealing with because that will affect your legal strategy. If it’s a manufacturing defect, it’s likely just a specific batch of vehicle parts that your lawyer will be investigating. If it’s a design defect, then an entire model line could be impacted, and the case may be bigger because there may be legitimate questions as to how such a design defect could’ve been allowed in the first place.

Deciding the Lawsuit Basis

As mentioned above, Texas allows you three different areas in which to bring a product liability suit. The first is the strict liability doctrine. According to this rule, a manufacturer is liable if a product is defective at the time it left their control. You do not have to prove that the manufacturer was actually negligent. It is enough that they allowed a defective part to be released into the public.

The second thing you can argue is actual negligence. You can sue if the manufacturer did not exercise reasonable care in the design or manufacturing of a part. To do this, you would likely need to show that there were known risks that the manufacturer ignored. Finally, you can also sue for breach of warranty. This can be either an express warranty that’s written down or an implied warranty.

For example, a brake pad has an implied warranty that it will actually work as expected to bring a car to a stop. If the brake pad does work but wears out much too early, this would be a violation of the written or express warranty. But if the brake pad never worked properly in the first place, this would be a violation of an implied warranty.

Is a Seller Involved?

It also matters who sold you the product. Under Texas law, a seller only has very limited liability if they did not actually manufacture the part. The only way they could be held liable is if they designed the product, if they altered it in some way after it was brought to them, if they installed it, or if they made incorrect representations about it. This last really only applies if you can show that they knew there was a defect and did nothing about it. In some cases, if the manufacturer of a part is insolvent or is not subject to the jurisdiction of Texas, you may be able to bring action against the seller. Talk to a lawyer to find out more.

Who Can Be Sued

In most cases, the first target for a lawsuit will be either the manufacturer of the car or the manufacturer of the specific part that failed. Many times this is the same entity, but if a driver had work done and an aftermarket part was installed, it could be a separate manufacturer. You may also be bringing an action against the distributor or seller, but they do have less exposure, so you will need to be quite sure that this is really something that can be laid at their feet. A lot will depend on the precise chain of distribution for the part involved.

Steps to File a Lawsuit

Consult with an Attorney

Your first step should be to talk with an attorney who has experience in car accidents and product liability. An attorney can give you an idea of whether you have a strong case, help you identify precisely who the responsible party is, and then conduct a thorough investigation of the accident to find out what part the defective part played. In many of these cases, accident reconstruction specialists are needed, and your attorney will have a network of specialists to call upon. Your attorney will help you to gather all the important evidence and then to build a strategy about whom to sue and precisely what to claim.

File the Lawsuit

Your next step is to actually file the lawsuit, which needs to be done in most cases within two years of the injury. Then you and the other side will begin exchanging information and likely begin settlement negotiations. If you can negotiate effectively with the manufacturer or distributor, you may be able to resolve the case without going to trial. This is usually faster and cheaper, and while settlements can be larger in a trial, trials also come with less certainty. It’s just difficult to tell what a judge or jury might decide even when presented with clear evidence. Your lawyer will have familiarity with the local courts and will thus be able to give you a good idea of whether any settlement is a good idea and whether you should go all the way to court.

Trial

If you are not able to come to a settlement agreement, the case will go to trial and a judge or jury will make the final decision. Your lawyer will, of course, take the lead in the courtroom and will need to provide proof of the defect. This can be done through expert testimony from a professional who analyzes the part itself. If the issue is not a manufacturing defect but a design defect, you’ll also need to be able to show that there were safer alternatives in design that could’ve been used.

Your lawyer will also have to show that it was specifically the defective part which caused the accident and that this accident is specifically what caused your injuries.

Bringing a defective part case is not easy and is not something you should ever attempt to do on your own. Contact the Joe A. Gamez Law Firm, PLC as soon as possible for a free consultation on your case.