Trying to assess fault for an accident isn’t always easy, and trying to prove if a car manufacturer, parts manufacturer or even the mechanic is at fault adds an additional layer of complexity to a legal case. For example, not every car accident will cause the airbags to go off. Sometimes this occurs by design to avoid further injury to the driver and passengers, but sometimes it’s the result of a defective airbag. Holding the manufacturer responsible might seem like an easy solution, but proving that in court requires the work of a lawyer that is an expert in both automotive accidents and product liability law.
When the National Highway Transportation Safety Administration (NHTSA) issued a warning about a recall for millions of vehicles built in 2020 and 2021, it was due to airbag failures caused by Japan’s Takata Corporation. The public recall saved millions of lives, but the fix still required customers to use licensed mechanics to fix the problem, and the defect still caused severe injuries and even death. That is why if something does go wrong you need an experienced lawyer that can answer complicated questions like can you sue a car company for airbags not deploying?
Can You Sue a Mechanic for Not Fixing Your Car?
Being a licensed mechanic takes time, training and proper certification before someone is legally allowed to work on a motor vehicle. The work is mechanically and electronically complex, and one wrong turn of a bolt or loose wire can lead to expensive repairs down the road and even legal trouble — especially if the repair caused an accident.
It might not seem like a lot of fun to keep the factory specs of your car in line with federal and state regulations, but using an unlicensed mechanic to make modifications can cause unexpected breakdowns and lead to serious legal trouble down the road. Ensuring only a licensed automotive repair shop works on your car increases your chance of being eligible for recalls and big payouts for manufacturing defects for everything that occurs between the tires, airbags and even the sunroof.
Suing a licenced mechanic isn’t easy — and holding an unlicensed mechanic responsible can be even harder — as it requires proving they were negligent in performing their duties. It is the responsibility of you, the customer, to confirm if an automotive shop is properly licensed before any repairs are done, otherwise you could be held personally responsible for any damage, injuries or death that might occur.
In California, for example, all auto shops must be licensed by the Bureau of Automotive Repair. Any legal action against one of their mechanics requires filing of an official complaint, which will then trigger an investigation that could provide you with information to help strengthen your case, including an airbag malfunction lawsuit.
What About a Defective Tire Lawsuit?
Your tires are often the first line of defense that will protect you from a serious accident. However, according to NHTSA, tires were also responsible for 664 tire-related deaths in 2020. In those cases, the causes ranged from manufacturing defects, incorrect installation or lack of proper maintenance by the owner. And it’s not always the manufacturer, mechanic or driver who could be held liable. Companies with fleet vehicles can also be legally responsible for the overall maintenance and any accidents that may occur.
In some cases, specific models of tires are recalled due to an established defect. For example, a recall by Bridgestone/Firestone in 2000 was due to a defect in a tire model that was prone to tire separation. As a result, nearly 300 people died before the manufacturer recalled more than 14 million tires. However, unless there has already been a recall with an established defect in a particular model of tire, it can be difficult to prove that a defect caused an accident.
Is a tire blowout an at-fault accident? The answer depends on what can be proven in court. If the driver was aware that there was a problem with the tire but chose to drive on them anyway then a case could be made that they were at-fault.
Lawsuit for Airbags Not Deploying and Other Legal Advice
Questions like “can you sue a car company for airbags not deploying?” often require the expertise of a law firm that understands the complexities of personal liability, product liability and auto accident insurance. That’s why many people throughout the United States trust Avrek Law to help them find the justice they deserve.
If you’re asking yourself, “Was my accident caused by tire blowout damage?” or, “What are my legal options if my airbags didn’t deploy?” Avrek Law has more than 50 years combined experience representing cases just like yours. The consultation is free and you’ll get advice from a law firm with more than $1 billion recovered in more than 45,000 cases. View one of our locations or contact us for a free consultation.
