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What Are Auto Defect Cases?

Auto defect cases, also referred to as crashworthiness claims, are automotive product liability lawsuits for serious injury and death. These claims are brought when a vehicle’s unsafe design or absence of necessary safety features fails to adequately protect the driver or passengers in a foreseeable crash. Some of these defects, such as an airbag’s failure to deploy, can be obvious. But some defects, such as the failure of a collision avoidance system to operate as designed, are more subtle. Auto defect cases generally fall into nine major categories:

  • Fuel Tank Design
  • Rollover/Roof Crush/Vehicle Stability
  • Airbag deployment
  • Seat Design/Restraints
  • Tire Defects
  • Child Safety Seats
  • 15 Passenger Vans
  • Structural Integrity
  • Collision Avoidance Systems

Holding Automakers Accountable for Catastrophic Failures

After a crash, most people—and many lawyers—tend to focus on who is at fault, rather than whether an auto defect played a role in the injuries sustained by the driver and/or passengers. Unlike high-volume law firms that may overlook these complexities, at Feldman Shepherd, we believe that whenever a person sustains a serious injury or death in a motor vehicle crash, vehicle defects MUST be investigated as a potential cause.

Our auto defect team has the knowledge and resources to investigate your accident and determine whether a defective vehicle component or system contributed to the accident or exacerbated the injuries beyond what they would have been otherwise. We are dedicated to this distinct area of legal practice and work closely with experts in automotive design, accident reconstruction, biomechanics, federal regulations, and specialized vehicle crash testing to hold all culpable parties accountable for your injuries. We litigate cases nationwide and travel across the U.S. on many occasions to personally inspect vehicles following a collision.

We’re Ready to Stand Up For You Serving Clients Nationwide

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Commanding Victories Against Leading Auto Manufacturers

Since 1987, the attorneys at Feldman Shepherd have been achieving multimillion-dollar recoveries in auto defect cases, including eight-figure results in cases that other law firms turned down.  Notable results include:

  • $8.5 million settlement for a 23-year-old woman who was catastrophically injured when her vehicle suddenly turned left across a highway median and was struck by an oncoming pickup truck due to negligent installation by a tire service company of new tires on the front, rather than the rear, of her vehicle.
  • Confidential settlement for spinal cord injuries caused by a lack of a headrest in a Ford F150 pickup truck that was rear-ended by a minivan at about 30 mph.
  • Confidential settlement against a motor vehicle manufacturer for quadriplegia sustained by a rear seat-belted occupant of a passenger car in a collision, caused by the driver’s speeding, in which the vehicle rolled over multiple times, and the roof was crushed in.
  • Confidential settlement against an SUV manufacturer on behalf of the family of a driver who was partially ejected and killed in a single-vehicle rollover accident in which the SUV’s side curtain airbags did not deploy.
  • Confidential settlement on behalf of a mother killed by her own vehicle in a rollaway accident when a transmission defect caused the vehicle to move rearward even though the shift lever appeared to be fully engaged in the “Park” position.
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How Feldman Shepherd Can Help

Feldman Shepherd is one of only a few law firms that have gone the distance in high-stakes litigation against the auto industry. Automakers have formidable lawyers and unlimited money to defend against these complex claims. For obvious reasons, they are not eager to acknowledge that their vehicles could have been better designed to prevent serious injury or death. Their attorneys are prepared to take a case to verdict, and so are we. Most importantly, we operate on a contingency fee basis—meaning you will not be charged a legal fee unless we win your case and secure a recovery for you.

If you need help following a catastrophic accident, you can trust Feldman Shepherd to pursue full accountability from all liable parties, including the multi-billion-dollar automakers we rely on for our safety.

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Frequently Asked Questions Automotive Recall Defect

Can I have an auto defect claim even if another driver caused the crash?

Yes. An auto defect claim is separate from fault for causing the accident. Even if another driver was negligent, an automaker may still be liable if a defective vehicle design or safety system worsened your injuries beyond what should have occurred in a survivable crash.

Do I need to prove that the vehicle defect caused the crash itself?

Not necessarily. Many crashworthiness cases focus on whether the defect increased the severity of injuries, not whether it caused the collision. For example, a defective seat, roof, or restraint system may turn a survivable crash into a catastrophic one.

What should I do with my vehicle after a serious crash if I suspect a defect?

It is critical not to repair, alter, or dispose of the vehicle. Preserving the vehicle in its post-crash condition allows experts to inspect key components and download electronic data that may reveal how safety systems performed—or failed—during the collision.

Are auto defect cases limited to brand-new vehicles

No. Defects can exist in vehicles of any age, including older models. In some cases, long-standing design flaws only come to light after repeated incidents or litigation, even years after a vehicle was first sold.

Who can be held responsible in an auto defect case besides the manufacturer?

Depending on the facts, liability may extend to parts suppliers, dealerships, maintenance providers, or companies that modified or serviced the vehicle. Auto defect investigations often uncover multiple responsible parties.

How are damages calculated in an auto defect injury case?

Damages may include medical expenses, future care costs, lost income, loss of independence, pain and suffering, and, in fatal cases, wrongful death damages. Because these injuries are often catastrophic, damages are typically evaluated with the help of life-care planners and economic experts.

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