Every year, there are thousands of vehicles recalled for defective—and potentially dangerous—auto parts. In the year 2014 alone, for example, there were 62 million vehicles recalled in the United States.
Unfortunately, recalls are often not issued early enough, endangering defective vehicles’ drivers as well as others on the road. When a defective car part leads to an auto accident, the vehicle manufacturer may be held liable.
When Defective Auto Parts Cause an Accident
Most car accidents in Illinois are caused by driver error, such as distracted driving or speeding. Sometimes, though, an accident may be out of a driver’s control. For example, the following defective parts may cause—or contribute to the severity of injuries—an accident:
- Faulty brakes;
- Defective tires;
- Malfunctioning ignition systems;
- Defective airbags;
- Design defects in vehicle (i.e. a design error that makes the vehicle prone to rollovers); and
- Malfunctioning steering systems.
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The above list is not inclusive; there are a multitude of working parts within a vehicle, all of which have the potential to be designed or manufactured with a defect.
Who Is Liable for an Accident and Injuries Caused By a Defective Auto Part?
When a defective auto part causes a Chicago car accident, those parties who may be held liable or partially liable include:
- The vehicle’s manufacturer;
- The defective part’s manufacturer;
- The vehicle or vehicle part’s dealer/retailer; and
- The shipper of the defective car/car part.
This is because all parties above have a duty to exercise a high level of care to the consumer. This includes designing, manufacturing, or distributing products that are reasonably free from defects that could lead to consumer harm.
Proving liability in a defective car part and accident claim can be challenging; tracing where and why the defect occurred—i.e. was it a design defect? A manufacturing defect? A defect that occurred during shipment?—is essential, but time consuming. Furthermore, in the event that another driver was also involved in the accident, and contributed to the occurrence of the accident, he or she may be held partially liable as well.
Damages Recoverable in a Car Accident Product Liability Suit
If you can prove that the at-fault party acted negligently by designing, manufacturing, shipping, or distributing a product with a defect, and that that negligence was the direct cause of your accident and injuries, then you can recover damages. Types of damages that you are able to bring a claim for include all of your financial losses (property damage, medical expenses, wages from missed work, etc.) and your non-financial losses, such as personal suffering and pain. A claim for damages must be filed within two years’ time under 735 ILCS.
Schedule a Consultation With a Car Accident Attorney Today
If you have been involved in a car accident in a Chicago suburb, and if you believe that the accident was caused by, or your injuries were worsened as a result of, a defective auto part, an experienced Chicago car accident attorney can help you recover compensation. For a free case consultation, call the office of Mary Ann Covone Attorney at Law today. Dial 708-4256-4911 to speak with an attorney now.