Product liability · Car accidents
When a Car Accident Is Due to a Vehicle Defect
Most crashes come down to driver error. Some come down to brakes, tires, airbags or steering that failed. Here is how California law treats a crash caused or made worse by a vehicle defect, and what to do first.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- California holds manufacturers strictly liable for injuries caused by defective products. You prove the defect and the harm, not carelessness.
- Dealers and parts makers can be liable too, along with any negligent driver.
- A defect can cause the crash, or it can make injuries worse in a crash someone else caused.
- Save the vehicle. Do not let it be repaired, sold or salvaged before an inspection.
- Check for open recalls at nhtsa.gov/recalls with your 17-character VIN. You can have a claim without a recall.
- The lemon law is a warranty remedy. Injuries are a separate claim, usually with a two-year filing deadline.
How do you know if a vehicle defect caused your crash?
Look for a sudden failure that no driver caused: brakes that stop working, steering that locks, a tire that separates or a car that accelerates on its own. A defect can also make injuries worse, as when an airbag fails, a seatbelt unlatches or a roof collapses. An open recall on the same part is another clue.
Many defect cases begin as an ordinary car accident claim. The other driver ran a light, but your injuries were far worse than the crash should have caused. That gap is a reason to look at the vehicle itself. One of California's leading cases involved a driver who was thrown from his car when the door latch failed in a freeway collision. The California Supreme Court sent the family's door latch defect claim back for a new trial Daly v. General Motors Corp. (1978) 20 Cal.3d 725.
You do not need to know the answer yourself. Tell your attorney what you noticed before and during the crash: warning lights, noises, a pull to one side, or a pedal that felt wrong.
Common vehicle defects behind injury claims
The defects that most often lead to injury claims involve parts that control the car or protect the people inside it. These include brakes, steering, tires, airbags, seatbelts, roof strength, electrical systems, fuel systems and acceleration controls. A failure in any of them can cause a crash or turn a survivable crash into a serious one.
- Brakes and steering. Sudden loss of braking or power steering can cause a crash that no amount of careful driving could avoid.
- Tires. Tread separation and blowouts can throw a vehicle out of control at highway speed.
- Airbags. An airbag can fail to deploy, deploy when it should not, or deploy with dangerous force.
- Seatbelts. A belt that unlatches or a retractor that fails can lead to ejection or severe impact injuries.
- Roofs and doors. A roof that crushes in a rollover or a door that opens on impact can cause spinal cord injuries and head injuries.
- Electrical and fuel systems. Wiring faults can disable a car mid-drive or start a fire.
Strict product liability in California
California holds a manufacturer strictly liable when a product it puts on the market, knowing it will be used without inspection, has a defect that injures someone. You do not have to prove the manufacturer was careless. You prove the defect existed and that it caused your injuries. Dealers and other sellers can be liable too.
The California Supreme Court created this rule in a case about a power tool Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57. A year later, it applied the same rule to a car dealer whose new car had a brake defect. The court said retailers are "an integral part of the overall producing and marketing enterprise" Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256.
Your own share of fault still matters. If you were partly to blame, your award is reduced by that share and is not barred Daly v. General Motors Corp. (1978) 20 Cal.3d 725.
The three kinds of vehicle defects
California recognizes three kinds of product defects. A manufacturing defect means one vehicle or part came off the line different from its design. A design defect affects every vehicle built to that design. A warning defect means the maker failed to warn about a risk it knew of or could have known of when the product was sold.
Manufacturing defects
A bad weld, a cracked part or a missing bolt. These usually affect a small number of vehicles, and the proof often comes from comparing the failed part with the design.
Design defects
A design is defective if the product did not perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable way. It is also defective if the risks of the design outweigh its benefits. Under that second test, once the injured person shows the design caused the harm, the manufacturer must prove the benefits outweigh the risks Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413.
Warning defects
A manufacturer must give adequate warnings about risks that were known or scientifically knowable when the product was made and sold Anderson v. Owens-Corning Fiberglas Corp. (1991) 53 Cal.3d 987.
Design and warning cases usually need engineering testimony, and they can be complex. Before founding Green Law Group, Steven D. Green worked on mass tort litigation over defective hip implants at Chicago-area firms, so he knows how product cases are built. Learn more about Steven D. Green.
Recalls, evidence and the lemon law
Preserve the vehicle before anything else. Do not let it be repaired, salvaged or sold until your attorney has it inspected, because the failed part is the key evidence. Check for open recalls by entering your 17-character VIN at nhtsa.gov/recalls. A recall helps a claim, but you can have a defect claim without one.
- Tell your insurer and the tow yard in writing that the vehicle must be kept as evidence.
- Keep any part a mechanic removed, plus repair orders, warranty records and recall letters.
- Photograph the vehicle inside and out, including the airbags, seatbelts and dashboard warning lights.
Look up recalls with the National Highway Traffic Safety Administration's free tool at nhtsa.gov/recalls.
California's lemon law is a different matter. It can require a manufacturer to replace a new vehicle or refund the buyer when it cannot be repaired after a reasonable number of attempts Civ. Code 1793.2(d)(2). That is a warranty remedy for the car. Injuries are a separate product liability claim.
Deadlines and who may be responsible
Most California product liability injury lawsuits must be filed within two years of the injury. If a public entity shares responsibility, such as for a dangerous road, a written claim is usually due within six months. Responsible parties can include the vehicle maker, the maker of a part, the dealer and any negligent driver.
The two-year rule is CCP 335.1, and the six-month government claim rule is Gov. Code 911.2(a). Recoverable damages include medical care, lost wages, lost earning capacity, vehicle damage, and pain and suffering. Use our car accident settlement calculator for a rough range, and the California Claim Clock to see your dates.
Questions
Vehicle defect crash questions
Can I sue a car manufacturer if a defect caused my accident?
Yes. California holds manufacturers strictly liable when a defect in a product they put on the market causes injury, so you do not have to prove the company was careless. You must show the defect existed and caused your injuries. The dealer that sold the vehicle and the maker of a defective part can also be responsible.
Do I need a recall to have a vehicle defect claim?
No. A recall for the same part can be strong evidence, but many defect claims involve parts that were never recalled. You can check your vehicle for open recalls by entering its 17-character VIN at nhtsa.gov/recalls. The claim itself is proven by inspecting the vehicle and the part.
Does California's lemon law cover my injuries?
Generally no. The lemon law is a warranty remedy that can require a manufacturer to replace a new vehicle or refund the buyer when it cannot be repaired after a reasonable number of attempts. Injuries from a crash are pursued in a separate product liability claim, which can include medical bills, lost income and pain and suffering.
What should I do with my car after a crash I think was caused by a defect?
Keep it exactly as it is. Do not repair, sell or salvage it, and tell your insurer and any tow yard in writing that the vehicle must be preserved as evidence. Keep failed parts, photos, repair records and any recall notices. Call an attorney quickly, because a totaled vehicle can be sent to a salvage auction soon after the crash.
How long do I have to file a vehicle defect injury claim in California?
Most product liability injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). If a public entity shares responsibility, such as for a dangerous road, a written claim is usually due within six months (Government Code section 911.2). Exceptions exist, so get advice early.
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