Understanding Auto Product Liability Litigation

January 29, 2015

Automotive defects are more common than most people realize. With more and more auto manufacturers recalling their vehicles because of defective parts, the skilled and knowledgeable auto product liability attorneys at Estey Bomberger are here for you, should the unimaginable happen. It is the responsibility of all auto manufacturers, designers and retailers to provide safe, reliable vehicles that will not cause any harm to motorists and passengers. Unfortunately, many car manufacturing companies choose to disregard that duty, endangering the lives of millions of people who purchase and use their automobiles.
At Estey Bomberger, our attorneys have a successful track record when it comes to fighting the auto industry. Each client is treated with the utmost care and sensitivity, which brings a sense of comfort to those who have suffered so much already.
Setting the Bar
When major automotive companies put profits before consumer safety, individuals who suffer injury as a result need effective legal representation. Because of the many risks posed by a wide variety of auto design flaws and manufacturing defects, our attorneys understand that each case is different and requires specific approaches unique to an accident’s circumstances. While automotive companies may think they can escape liability when innocent people are injured or killed, our legal team boldly utilizes efficient litigation to acquire full and just compensation for auto defect victims.
Diverse Auto Defect Litigation Strategy and Experience
Injuries sustained in an auto accident can be life-altering in many ways. From a financial standpoint, mounting medical bills and lost wages due to the inability to work put further stress on a person when they’ve been seriously injured. Not only that, the physical and emotional trauma suffered can result in decreased quality of life, among other life-changing issues. Our attorneys use creative, heavy-hitting strategies to paint a picture for the courtroom and present evidence that will not only prove negligence on the part of the auto manufacturer, but earn a fair and just verdict in the client’s favor. Estey Bomberger handles auto product liability cases, including but not limited to:
• SUV Rollover
• Roof Crush
• Seat Belt Defects
• Defective Airbags
• Passenger Ejections
• 15-Passenger Vans
• Tire Blow-out
• Tire Tread Separation
• Fuel Systems
• Sudden Acceleration
• Braking System Failure
• Vehicle Fires
• Wrongful Death
Turning Accident Victims’ Lives Around
At Estey Bomberger, we help our clients understand all of their legal rights and make sure that guilty parties who are responsible for the accident are held accountable. As leaders in the area of auto product liability litigation, our experienced attorneys will use every available resource from expert witnesses, accident reconstruction, physical evidence and other resources to present an accurate and conclusive case. If you or someone you love has been injured in an auto accident due to negligence, please call our office for a free consultation and to learn more about how we can turn your life around.
Auto Product Liability FAQs
At Estey Bomberger, our auto product liability attorneys cannot stress enough the importance for consumers to stay informed and up-to-date regarding the current safety and condition of their vehicles. The following covers frequently asked questions (FAQs) with brief, yet detailed answers, to help you better make sense of the complex laws surrounding defective automobiles and injury claims.
1. How long do I have to file an auto product liability claim?
In California, you have two years to file with the Rule of Discovery, which means two years from the time you first find out you’ve been injured as a result of your accident.
Sometimes it takes months or even years for an injury to manifest. However, if you’ve been injured in an accident that you believe was caused by a defective vehicle; you should contact an experienced auto product liability attorney as soon as possible.
2. How much does it cost to file a product liability claim?
In most cases involving an auto product liability claim that results in personal injury, fees are based on contingency. This means that there is no up-front cost for you to pay and your attorney only gets paid if he/she earns you a monetary settlement. At that point, a percentage of your settlement will be taken as their fee for representing you. However, if your attorney doesn’t get a judgment in your favor, you pay nothing.
3. What kind of compensation am I eligible for?
That depends. A number of factors go into determining how much compensation you’re entitled to. Some of the factors include severity of injuries, recovery time, medical expenses, loss of income, and pain and suffering; however, your attorney will be able to help you establish the maximum amount of compensation you deserve.
4. The other person’s insurance adjuster wants to settle and said I don’t need a lawyer. Is this true?
This is absolutely not true. Insurance adjusters are paid to settle claims at the lowest possible rate. They are promoted based on how much money they DON’T pay out. Even if the figure they give you sounds like a lot, it could be substantially less than what you’re entitled to. Do not settle with an insurance company until you’ve consulted with a reputable auto product liability attorney.
5. What constitutes a vehicle defect?
A vehicle defect is a flaw that renders the vehicle unsafe for its intended use by motorists. There are usually two kinds of defects: design flaws and manufacturing defects. A design flaw means that there was an imperfection in the design before the vehicle was manufactured. A manufacturing defect means that the vehicle was compromised during the manufacturing process by poor factory practices or negligence.
6. What kind of injuries can result from a defective vehicle?
The extent of injuries sustained in an accident involving a defective vehicle depend on how severe the accident is and what went wrong with the vehicle. Injuries can range from broken bones, spinal cord injuries, head trauma and brain damage, amputation, paralysis, and in some cases, death.
7. What is crashworthiness?
Crashworthiness is the ability of the vehicle to protect the motorist and passengers, should a collision occur. When determining an automobile’s crashworthiness, auto manufacturers evaluate how a vehicle will protect occupants in terms of the impact with other vehicles as well as the impact of passengers with parts of the vehicle. The later part of these examinations of vehicle safety in the event of a crash relates to the effectiveness and functionality of seatbelts, the dashboard, airbags, the windshield, the steering wheel, and doors.
8. How do I know if my vehicle or its components are included in a recall?
You can find out if your vehicle is included in a recall by visiting the auto maker’s website or by visiting www.recalls.gov. In addition, http://www.safercar.gov/ also  provides information about vehicle safety recalls.
Resources for Reclaiming Your Livelihood
Auto accidents unfortunately are predominant enough without the dangers of defective automobiles adding to the risks of reckless driving, drivers using cell phones, motorists driving while under the influence of alcohol or drugs, and improperly maintained roads. In our many years of experience at Estey Bomberger, our auto product liability attorneys have seen first-hand the wide-ranging and often catastrophic consequences that an auto accident involving a defective vehicle presents to victims and their families. We understand that you and your family must have countless questions that need answers. Call us today to learn more about what can be done to hold negligent parties responsible for your accident and subsequent injuries.