When you buy a vehicle, you expect it to work properly. You expect it to go, stop, and turn when you want it to, and you expect it to help keep you safe in the event of an accident.
Yet, many vehicles do not meet these basic expectations. Vehicle defects are common—and, while some of these defects are relatively minor, others can present serious risks for drivers, passengers, and other motorists. In recent years, we have seen widespread recalls involving brakes, self-driving systems, seatbelts, airbags, and a wide range of other critical vehicle components.
At Coplan + Crane, we understand how frustrating and unsettling it can be to learn that a vehicle you trusted may have contributed to your injuries. When a crash involves a possible defect, the questions quickly become more complicated. Our attorneys will carefully examine the evidence in your case, determine whether a product failure was involved, and explain your options clearly so you can decide what makes sense for you and your family.
If you were injured due to a vehicle defect, can you sue?
Accident victims can sue for injuries caused by vehicle defects in many cases. This includes both vehicle defects that cause accidents (i.e., brake defects) and vehicle defects that exacerbate accident victims’ injuries (i.e., airbag defects).
All companies that sell products in the United States have a legal duty to ensure that their products are safe for their intended use. For vehicle manufacturers, this means that they must ensure their vehicles are safe for the road. As a result, if a vehicle is not safe for the road, this can provide clear grounds for accident victims to seek just compensation.
Suing for injuries caused by a vehicle defect is very different from filing a claim for an accident caused by driver negligence. Vehicle defect cases are subject to different laws and require different forms of evidence. This makes it essential to put an experienced law firm on your side.
Here is an overview of the process of suing when a vehicle defect causes injury in Illinois:
Taking legal action starts with investigating the cause (or causes) of your car accident. You will need evidence that proves a defect is to blame for your injuries; and, if other factors are also to blame, you will need evidence of this as well. In this scenario, inspecting the defective vehicle before it gets repaired or demolished can be critical.
If you have a claim based on a vehicle defect, seeking just compensation will involve filing a product liability lawsuit. Depending on the circumstances of your case, you may need to file a lawsuit against:
Automakers frequently purchase components like brakes, airbags, and seatbelts from other companies. However, in product liability cases, all companies involved in a defective product’s “chain of distribution” can be held liable for victims’ injuries.
Proving that a vehicle (or vehicle component) was defective can require design, testing, manufacturing, and other forms of documentation that are in the manufacturer’s possession. Once your law firm files a lawsuit on your behalf, it will be able to seek to obtain this documentation through the formal discovery process. Your law firm can seek to obtain other necessary forms of evidence through the discovery process as well.
Like other types of car accident cases, product liability lawsuits involving vehicle defects frequently settle out of court. After calculating the financial and non-financial damages you are entitled to recover, your law firm will be able to negotiate for a fair out-of-court settlement on your behalf. With that said, there are no guarantees, and car accident victims will need to take their vehicle defect claims to trial in some cases.
If a fair settlement is not on the table, recovering just compensation will involve proving the vehicle defect at trial. If necessary, your law firm can help you decide whether to choose a judge or jury trial, and it can engage vehicle designers, engineers, and other expert witnesses to help prove that you are entitled to just compensation.
If you were seriously hurt in a crash and have reason to believe a vehicle defect may have contributed, it is important to understand what that means for your case. Product liability claims are different from standard car accident cases, and getting clear answers early can make a meaningful difference in protecting your rights.
Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.
