Motor Vehicle Defects Information Center

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Frequently Asked Questions about Motor Vehicle Defects

Q: What is "crashworthiness?"

A: Crashworthiness is the ability of a vehicle to prevent injuries to the occupants in the event of a collision.

Q: How does the fact that a driver may have caused an accident affect a crashworthiness action?

A: The doctrine of crashworthiness centers around the enhancement of injuries caused by a motor vehicle defect. The issue becomes whether the defect increased the injuries, and fault of a person injured does not prevent recovery on a crashworthiness action. The fault issue may arise when the court or jury weighs the comparative fault of the individual causing the accident with the fault of the manufacturer, so that a reduction in the amount of damages you are entitled to may result.

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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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