Another driver ran the light. Your airbag never opened, and your injuries were far worse than the crash seemed to warrant. Could the car itself share the blame?
It can. Vehicle defect injury claims ask whether a flaw in the car caused the crash or made the injuries worse than a safer design would have allowed. California recognizes both kinds of claim under its product liability rules.
Your car is usually the key evidence. Keeping it out of the salvage auction is often the first and most urgent step.
Two Ways a Defect Can Matter
Some defects cause the crash itself. A sudden tread separation, a steering failure or brakes that lock up can lead to a loss of control.
Other defects make injuries worse in a crash that something else caused. Lawyers call that idea crashworthiness. No car has to prevent every injury. It should give reasonable protection in foreseeable collisions.
Crashworthiness and Enhanced Injuries
In Horn v. General Motors (1976) 17 Cal.3d 359, the California Supreme Court allowed a claim for injuries aggravated by a defective design, even though a collision is not the car’s intended use. Common issues include roofs that crush in rollovers, seat backs that collapse and doors that open on impact.
Airbags that fail to deploy, or deploy with too much force, raise similar questions for vehicle defect injury claims. These claims focus on enhanced injuries, meaning harm beyond what a better design would have allowed. Engineers compare the actual injuries with what would likely have happened in a car without the defect.
How Product Law Applies to Injury Claims for a Vehicle Defect
Greenman v. Yuba Power Products (1963) set out strict liability for defective products, and Barker v. Lull Engineering Co. (1978) described the two tests for design defects. A car can be defective in its manufacture, its design or its warnings.
Each defect type is explained in how California product injury claims work.
Who May Face Vehicle Defect Injury Claims
- The vehicle manufacturer
- The maker of a defective part, like a tire or airbag
- The dealer that sold the car
- A repair shop that installed a faulty part or did poor work
Your case against the driver who caused the crash still stands. One collision can involve both a negligence claim against a driver and a product claim against a company.
Preserving the Vehicle for Defect and Injury Claims
If a defect may be involved, keep the car in its post-crash condition. Nobody should repair, sell or crush it.
Insurers often move fast to salvage a totaled car. Send a written request to hold it, photograph every part inside and out and note which tow yard has it.
Crash Data in the Event Data Recorder
Many vehicles store speed, braking and seat belt data in an event data recorder. Under California Vehicle Code section 9951, a person other than the registered owner generally cannot download data from cars built on or after July 1, 2004, without the owner’s consent or a court order.
That rule protects your privacy. It also means the data stays in the car, and losing the vehicle can mean losing the data. You can read Vehicle Code section 9951 for the exceptions.
Recalls and Safety Complaints
Search for open recalls by vehicle identification number with the NHTSA recall lookup. NHTSA collects safety complaints from drivers, which can reveal patterns.
A recall does not prove a defect caused your specific injury, though it can show the problem was known. Keep any recall notice you received in the mail.
Shared Fault and Crash Severity
Manufacturers may argue that no car could have protected anyone in a crash that severe. They may point to seat belt use or driver conduct.
Daly v. General Motors (1978) held that comparative fault applies in product cases, so your conduct can reduce a recovery without barring it. Photos, witnesses and the police report matter here. Learn the steps in preserving photos, video and witness information.
Tires, Used Cars and Aftermarket Parts in Defect Claims
Tread separations and blowouts are common sources of claims. Age, wear, inflation and past repairs play a role too. Keep the failed tire and every piece of it.
Look at the last four digits of the DOT code on the sidewall, which show the week and year a tire was made. For used cars, repair records and recall work matter more. An aftermarket part or a shop installation can point to a different responsible company, so save receipts and work orders.
A Sacramento Example
Picture a driver rear-ended on Interstate 80 near Watt Avenue whose seat back collapses, throwing him into the rear seat. His spinal injury is severe. Damage to the car looks moderate.
In this hypothetical, his family writes to the insurer and requests a hold on the car at the tow yard. A product claim against the maker could run alongside the claim against the other driver. His seat, the crash data and the CHP report would all be central evidence.
Questions on Injury Claims Over a Vehicle Defect
What if the insurer already sold my car for salvage?
Act quickly. Salvage buyers and auction yards sometimes still have the car for a short time. Ask the insurer where it went and send the buyer a written hold request. Photos and repair records can help if the car is gone, but the claim becomes harder.
How long do I have to file a vehicle defect claim?
Injury claims, including product claims, generally follow the two-year rule in Code of Civil Procedure section 335.1. A discovery rule can delay the start date when a defect was not reasonably apparent. Check each deadline early, as explained in how to check a filing deadline.
Does a recall repair end my claim?
No. Getting a recall fix after the crash does not waive an injury claim from before the repair. Keep the recall notice and repair invoice, because they may help show the defect was known.
Vehicle defect injury claims succeed or fail on physical evidence. Keep the car, the tire or the part untouched, check for recalls and protect the crash data. More posts are in the product and workplace injuries hub.
This article is general information, not legal advice. Laws and deadlines change and every case is different. Talk with a licensed California attorney about your situation.