Auto Defect Attorneys 

The Different Types of Vehicle Defects

There are several ways in which a vehicle may be defective: 

• Defective Design: Design defects are intended elements of the design that are faulty. For example, if the design of an automobile’s frame causes it to be excessively top heavy and prone to rolling over, thereby risking the safety of its occupants, design defects are evident. 
• Defective Manufacturing: A manufacturing defect, on the other hand, is a defect that was not intended but instead occurred because a problem was overlooked during manufacturing. This includes things like improperly installed seatbelts or missing engine components. 
• Defective Marketing/Failure to Warn: Though rare, a vehicle may also contain marketing defects. Also known as “failure to warn” defects, these occur when consumers are not adequately warned of certain risks associated with the normal, expected use of a product. One example of this is a vehicle that is missing certain required airbag warnings. 

In any case, vehicle occupants are placed at a higher risk of injury and death during an accident when an auto defect is present. 

Defective Vehicle Design

Defective vehicle design is a key area of concern, as these defects can cause accidents and lead to injuries or deaths that would have been avoided if the vehicle had been properly designed. Since 1996, when the National Highway Traffic Safety Administration (NHTSA) was authorized to set standards for automobile safety and require automobile companies to recall defective vehicles, millions of automobiles—including passenger cars, commercial trucks, and motorcycles—have been withdrawn from the market due to design flaws. Often, manufacturers cut corners when it comes to proper design processes to reduce costs and speed up delivery schedules. By the time a defective vehicle is recalled, it could have contributed to numerous accidents.

Some examples of defective vehicle design include: 

• Fuel System Vulnerability: Design flaws in fuel systems can lead to fuel leaks or fires upon impact, as seen in the Ford Pinto case, where rear-end collisions led to multiple fuel tank ruptures and fires.
• Roll-Over Risk: Design flaws in vehicle stability can lead to a higher risk of roll-over accidents. One example is the Ford Bronco II, which had a higher center of gravity, leading to instability and roll-over accidents
• Structural Weakness: Structural design flaws can lead to compromised safety in crashes. This was seen with the Chevrolet Cobalt ignition switch defect, where the switch could inadvertently turn off, disabling airbags and power steering.
• Poor Crashworthiness: Design flaws in vehicle construction may result in inadequate protection in crashes, as seen with the Jeep Grand Cherokee fuel tank placement, which was prone to rupture and fire in rear-end and side-impact collisions.
• Electrical System Malfunctions: Design flaws in electrical systems can cause malfunctions, such as with the General Motors ignition switch recall. In this case, the switch could move out of the "run" position, disabling safety systems.

These examples highlight how design defects in vehicles can pose serious risks to driver and passenger safety, leading to accidents, injuries, and sometimes fatalities.

What Are the Most Common Vehicle Defects? 

A vehicle can contain any number of defects, and any part of a vehicle can be defective. However, certain auto defects tend to arise again and again. 

Some of these include the following:

• Defective Tires: Tire failures or blowouts can lead to serious accidents, such as rollovers. In recent years, some of the country's biggest tire companies, including Firestone and Cooper Tires, have been linked to design flaws and substandard production values, resulting in tires with poor tread adherence. Tread separation is one of the most common reasons for a tire blowout and can be attributed to poor tread design.
• Fuel System Defects: Fuel tanks may be incorrectly positioned, placing the tank system at a higher risk of impact during an accident. Fuel tanks are also prone to welding failures and often lack safety devices that stop gas flow in the event of an accident. Accidents related to fuel tank defects are some of the most preventable, and yet, vehicle fires and explosions due to this very problem continue to occur on American roads.
• Seatbelt and Airbag Defects: Seatbelt systems and airbags have contributed significantly to the reduction of automobile fatalities. However, when these safety devices come with defects, they can cause severe injuries to those they are meant to protect. Seatbelts can become unlatched or tear during impact, and airbags may fail to deploy or may deploy at the wrong moment, increasing the possibility of injuries.
• Car and SUV Roof Collapse: The most significant risk to passengers in a car or SUV rollover accident is roof crush or collapse. While some amount of damage to the roof may be unavoidable during a rollover, catastrophic injuries to occupants are usually the result of a weak, unsteady roof support system that causes the roof to disintegrate in the event of an accident.

While these examples represent some of the most common vehicle defects we see, this is by no means a comprehensive list. Below, we’ve outlined some other common auto defects and their effects. If you or someone you love was involved in a car crash, and you believe a defective or faulty vehicle design or part played a role in the incident, reach out to our auto defect attorneys right away to learn how we can help. 

Uncontrolled Acceleration in Vehicles

Uncontrolled acceleration occurs when a vehicle suddenly speeds up or moves forward on its own, without any action by the driver. This is a serious auto defect that can lead to devastating, high-speed crashes. Many auto safety experts believe that most uncontrolled acceleration cases go unreported. Part of the reason for these may be that many of these accelerations occur when the car is already moving along at a reasonably high speed. Still, several vehicles in recent years have been linked to incidents of uncontrolled acceleration.

Auto manufacturers continue to insist there are no design defects that can explain such unchecked acceleration in their vehicles, but passengers who have been involved in motor vehicle accidents caused by such unprovoked speeding know otherwise.

Sudden acceleration can lead to severe accidents when a motorist is unable to control the car, and the resulting injuries can be catastrophic. As modern vehicles come with more sophisticated features, the possibility that these high-tech systems conceal defects, especially in software controls, is a real one. Unfortunately, auto manufacturers are continually focusing their energies on creating the next supercar that will change the future of the industry and introducing it as quickly as possible into the American market, without testing it properly.

If you were driving your vehicle when it suddenly accelerated for no apparent reason, leading to an accident, you may be able to take legal action against the manufacturer. With a product liability lawsuit, you may be able to recover compensation for your medical bills, as well as future medical care, lost earnings, loss of potential earnings, and even emotional trauma. The auto defect attorneys at Arnold & Itkin can provide knowledgeable insight and aggressive legal representation for your acceleration defect claim.

Auto Makers Deny Reports of Uncontrolled Acceleration 

Toyota's line of 2006 and 2007 Tacoma pick up models has been the subject of an investigation by the National Highway Traffic Safety Administration over reports of uncontrolled acceleration. It was the fourth such sudden acceleration-related probe into Toyota vehicles in a span of three years. Drivers have complained about the engine revving up when the brakes were applied, leading to a potentially disastrous accident.

Another Toyota car, the Prius Hybrid, has generated hundreds of complaints about uncontrolled acceleration. The company has recalled the vehicles and examined their electronic software, but these investigations have proved inconclusive. In such cases, accidents have been avoided because drivers have been able to control the vehicle and prevent a crash. Meanwhile, complaints of uncontrolled acceleration with the Prius continue to come in. Ford also recalled its Ranger models after throttle defects lead to sudden acceleration.

Despite charges from several consumer safety experts, auto manufacturers refuse to admit any mechanical defect in the vehicle was responsible for the unexpected acceleration. They blamed drivers instead, choosing to present the problem as one that is imagined—not real. Auto safety advocates argue that an issue that is the product of a motorist's imagination would likely be found across all models of cars, rather than restricted to a few. Manufacturers are at a loss as to why such reports of uncontrolled acceleration are so restricted.

Lexus Floor Mat Recall: Acceleration Malfunctions

Lexus announced recalls for their Lexus and Toyota models because of floor mat defects. According to accident reports, the floor mat in some of the company's models was entrapping the accelerator pedal. Those whose vehicles are affected by the recall are asked to take their vehicle in immediately. If this is experienced while driving, drivers should put on the brakes, put their car into neutral, and then pull over. 

Lexus has issued a recall of approximately 131,800 2010 RX350s and 22,200 2010 RX450h vehicles. Until more can be done to remedy the problem, Lexus encourages drivers to remove the driver's side floor mat.

Because Lexus was getting an overwhelming amount of complaints relating to this acceleration issue, they filed a defect information report with the NHTSA. Vehicles that were also affected are some 2006 and 2007 models of the GS 300 and GS 350, as well as certain RX 330, 350, and 400h vehicles. 

Tire & Steering Defects

Among other types of auto product liability are tire defects and steering defects. Lexus issued a recall back in 2011 for a defective crankshaft pulley in some of their vehicles. They recalled 283,200 Toyota and 137,000 Lexus vehicles because of a problem with their V6 engines. In some vehicles, the pulley was becoming unaligned with the inner ring. This could potentially result in a loss of steering control.

The following vehicles were part of this recall:

• 2004 Avalon
• 2004 & 2005 Camry, Highlander, Sienna & Solara
• 2006 Highlander HV
• 2004 and 2005 ES 330 and RX 330
• 2006 RX 400h

Defective Seat Design

Seatbacks that have a weak and unstable structure are prone to collapse during a collision, placing occupants at high risk for serious head and bodily injuries. Passengers have suffered head, neck, and spinal cord injuries, as well as organ damage, paralysis, and even death due to partial or complete ejection from the seat. This includes incidents where passengers are thrown against the vehicle's interior upon impact.

The seats in a car may have a significant impact on the extent of the injury caused by collision, especially if the seat is defective. Design flaws and manufacturing defects can have serious consequences for passengers; in these cases, the manufacturer may be held accountable. Our attorneys can talk to you about your options and legal rights if you or someone you know has been injured as the result of a defective seat. Defective seat design can result in malfunctioning seat belts, weak seatbacks, and seats that eject passengers in the event of an accident. Passengers sitting in any of the seats can be at risk during an accident, but those who occupy the back seats have a greater risk of serious injuries or wrongful death.

Common Risks Associated with Defective Seats

Vehicles with bucket seats put occupants at a higher risk for injury than regular seats. These risks typically include bending or collapsing of the seatbacks during impact. Considering that the passenger may be belted in or restrained to their seat, it's easy to understand how defective seats can cause injuries, even during a minor accident. The injuries become even more serious when young children occupy the seats. 

Another risk with a defective seat is the danger of partial or complete ejection. A properly designed seat back must be able to keep its occupant restrained in the seat without throwing them forward against the windshield or the front seat in an accident. Failure of the seat back can throw occupants about during impact. A collapsing seatback can be attributed to weak structure of the seat that does little to protect passengers from an ejection.

Defective Seat Design Recalls

Ford has had problems related to defective seats in several of its vehicles, including the Escort. In 1992, the company investigated the stability of its car seats and concluded that occupants were exposed to serious injuries during an accident. General Motors, Hyundai, Mazda, Toyota, and Mitsubishi have also had some of their models linked to seatback failure because of defective design. Daimler Chrysler Corporation has faced lawsuits from passengers who suffered serious injuries due to crushed seats during rear-end accidents.

Defective Power Windows

Virtually all new vehicles introduced in the American market come with power windows. Although these make it easier for passengers to open and shut windows, they have been the cause of many injuries over the years. According to the NHTSA, approximately 500 people suffer from power window-related injuries every year. Most of those injured are children under the age of 15. Since the onset of their popularity in the early 90s, approximately 58 people have died, and hundreds have been injured due to power window defects.

Causes of Power Window Accidents

Most vehicles equipped with power windows come with one of two operating systems:

• Rocker Switches: The passenger presses one end of the switch to open or shut the window.
• Toggle Switches: The passenger presses the switch forward to operate the power window.

Both switches are easy for children to operate, resulting in hundreds of kids rushed to emergency rooms with fractured or crushed fingers and dislocations. However, there is a third kind of switch, the lever switch, which is more difficult for young children to operate. 

Lever switches are operated by pulling up on the switch. Auto safety advocates have been urging motor vehicle companies to use the lever switch system, making it harder for children to operate windows. Daimler Chrysler and General Motors have recently introduced passenger car models with the lever switch power window mechanism. However, the majority of American made cars continue to use the rocker or toggle switch systems.

Safety mechanisms that force windows to open automatically when obstructed can prevent most injuries and deaths. These safety mechanisms work in much the same manner as elevator doors, which open when blocked by an object or person. Most American cars are not equipped with these safety mechanisms; however, they are common in Japanese and European models. An overwhelming majority of accidents caused by power windows can be prevented if automobile manufacturers invest in safety mechanisms and lever switches.

What to Do If You Are Injured Due to an Auto Defect

If you have been injured, or if someone you love tragically passed away, due to an auto defect, we invite you to reach out to our team at Arnold & Itkin right away. Going up against an auto manufacturer, distributor, or retailer can be difficult, but an experienced auto defect attorney can help ensure your legal rights are protected and that your claim is given the attention and importance it deserves. The manufacturer may actively try to limit their liability, leaving you with limited options or even without the ability to seek financial compensation at all. But a product liability attorney with experience dealing with automobile defects can make a significant difference, not only in proving liability but in seeking the full and fair value of your claim.

At Arnold & Itkin, we assist clients throughout the U.S. with auto product liability lawsuits. We believe in consumers' rights and are dedicated to protecting those rights to the fullest. From defective power windows to defective seatbelts and faulty fuel systems, we understand how to investigate these matters and build compelling cases that prove manufacturer liability.

We offer a free consultation to review the circumstances surrounding your claim, giving you the opportunity to learn more about your options and legal rights. If you have questions, a product liability attorney at our firm can provide you with straightforward answers specific to your situation. We want to help you make informed choices about your case so you can seek justice.

Contact an auto product liability lawyer at Arnold & Itkin LLP to get the answers you need. Call us today at (888) 493-1629.