Motor Vehicle Defect Information Center

Auto accidents can leave a person seriously injured, plagued with bills, and wondering what could have been done to prevent the tragedy. At the Orlando, FL-based law firm of the Bodiford Law Group, our attorneys work tirelessly to obtain justice for people injured in accidents that result from a wide variety of auto manufacturing and design defects ranging from tire blowouts to defective seat belt and door latches.

The following is intended to provide you with an overview of the legal issues involved in auto defects litigation.  Please contact us to discuss your unique situation. At the Bodiford Law Group, we recognize that every case is different - we can only answer all of your questions by speaking with you personally. Contact us to set up a free initial consultation. We serve clients throughout Florida, including Orlando, Kissimmee, Leesburg, Daytona, Melbourne, Clermont, Sanford, Jacksonville, Tampa, Ft. Lauderdale, and Palm Beach.

Motor Vehicle Defects - An Overview

Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or defectively produced vehicles can be dangerous and can cause serious injury or death.

Responsibility for Defective Motor Vehicles

The laws governing responsibility for defective motor vehicles and what must be proven in court to establish liability vary from state to state. In most states, the parties who may held liable include:

• The vehicle manufacturer
• The manufacturer of defective component parts such as tires, hoses etc.
• The dealer, if the vehicle was purchased from a dealer

Several different reasons exist for holding a party liable for harm caused by a motor vehicle defect. The three most common legal theories for finding someone liable are breach of warranty, negligence, and strict liability. An experienced products liability attorney can advise you about the rules that apply in your state to your situation involving a defective motor vehicle.

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The Concept of "Crashworthiness"

The most important concept in vehicle defect liability cases is "crashworthiness". Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision. During a collision, a vehicle's occupants are subject to a number of forces that can result in injury, including rapid deceleration and rapid acceleration, depending on the direction of impact in the collision. Crashworthiness deals primarily with the 'second collision' that results from these forces, in which the driver and passengers collide against the interior of the vehicle. An effective crashworthy vehicle design will distribute these injurious forces over as great a period of time and distance as possible, including by directing them to parts of the body that are more capable of withstanding them.

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Elements of a Motor Vehicle Defect Claim

Unlike an ordinary personal injury claim for negligence, in order to establish a vehicle manufacturer or seller's liability for a vehicle defect, you do not need to show that they were careless, and that their carelessness led to your accident or injury. Instead, liability in motor vehicle defect cases is controlled by the doctrine of strict liability.

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Vehicle Safety & Restraint Devices

Vehicle safety is a significant consideration, both in terms of liability for injuries resulting from automobile accidents, and when the average consumer is shopping for a new car. Every new passenger vehicle must meet federal standards specifying minimum safety levels, but this doesn't mean all cars are equally safe. There still are important safety differences. Identifying the safest car on the road is impossible, but it is possible to shop for a safer car because some vehicle characteristics are inherently safer than others, and many automakers offer safety features beyond the required minimums.

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Motor Vehicle Defects RECALLS

One of the most common vehicle defect issues faced by the public is that of safety recalls of a motor vehicle. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration or the vehicle manufacturers themselves, in response to a discovered defect in a vehicle or a component of that vehicle. So it is important to understand the procedure that is followed in vehicle recalls, and the respective responsibilities of those involved.

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