Boston Auto Defect Lawyers
Dedicated legal representation when defective cars cause crashes
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The vast majority of car crashes involve some form of human error. However, sometimes the origin of the problem is really the vehicle involved. Defective cars are an overlooked cause of car crashes and related injuries. When a faulty vehicle or car part leads to injuries, it is possible to seek accountability from those responsible. In such cases, it’s often a matter of corporate accountability – as in, holding vehicle or parts manufacturers liable for the defective products they allowed to enter the market – and the road. At Santoro & Gray, our attorneys are here to fight on behalf of those injured by preventable defects. We’re ready to make manufacturers face the consequences when they cut corners or otherwise fail to produce reasonably safe products.
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How Santoro & Gray can help you
- Why choose Santoro & Gray for your auto defect case
- Auto defects: How they result in crashes and injuries
- How auto defect cases differ from typical car accidents
- Massachusetts law on auto defect claims
- How Santoro & Gray builds a Boston auto defect case
- Damages available in auto defect cases
- What to do if you suspect a defect
- Frequently Asked Questions
- Do you have an attorney near me who can handle my Boston auto defect claim?
At Santoro & Gray, we really listen to our clients. We take the time to learn not just what happened, but how your injuries and other losses are impacting your life. Our team knows that when you trust a vehicle manufacturer to create a product that not only protects you, but also the people you love, you can feel betrayed to learn that they failed to uphold their responsibilities.
We are client-focused and offer personalized, compassionate attention to those we represent. However, when it comes to fighting on behalf of our clients, we’re trial-ready and willing to go head-to-head with even the largest and most powerful corporations. Our clients know that we don’t back down. We’re ready to take your fight all the way to trial – and our track record proves it.
Defects have, in the past, caused horrible crashes, serious injuries, and even led to fatal results. In order to understand the legal issues surrounding these cases, you need to know a little bit about product liability law and how it can impact vehicle injury cases.
What counts as an auto defect?
One of the most famous product liability cases ever involved Takata airbags. The airbags were in tens of millions of vehicles sold by more than 30 brands. Over two dozen people have died as a result of the airbags, which used chemicals that could cause them to explode without warning after being exposed to heat.
That instance showed just how serious the issue of defective products can be, especially when they involve automobiles.
In general, there are three main categories of defects: design, manufacturing, or warning. Any one of these can make a vehicle unreasonably dangerous. Here is a breakdown of each:
- Design defects: These involve flaws inherent in the product's blueprint. For example, imagine that the placement of a fuel tank increases the likelihood of fires, even in minor rear-end crashes. In this scenario, every car produced with this design would be defective.
- Manufacturing defects: These involve errors during production that make one or several vehicles dangerous, even if the design is safe. Examples include faulty welds, substandard materials, and contamination on the assembly line.
- Failure to warn (marketing defects): These can occur when a manufacturer knows or should know of a danger, but they fail to warn consumers or issue a recall. Sometimes the product is inherently dangerous – like a cleaning solution that can harm you if you come into contact with it. If the product lacks clear, proper warnings and instructions, this could be a defect.
Common defective components
Some vehicle parts that have been involved in past recalls or that have the potential to create issues include:
- Airbags and seatbelts (the above Takata recall is the best example).
- Brakes and steering systems (Toyota’s unintended acceleration led to fatal results).
- Fuel systems and electrical wiring (can lead to a fire or cause explosion hazards).
- Tires and tread separation (faulty tires may lead to blowouts and rollovers).
- Autonomous and driver-assist systems (these may become more of an issue as drivers rely more on these tools).
Other car parts can also cause injuries, so this list is far from exhaustive.
When maintenance or repair causes the defect
Sometimes, the defect is not the manufacturer's fault. Vehicles may suffer from accident damage or normal wear and tear that requires repairs. However, in the case of inadequate maintenance and faulty repairs, a previously safe vehicle may become defective. In such circumstances, liability may extend to service providers rather than the manufacturers.
In standard negligence cases, fault typically lies with one or more drivers. As a result, the defendant is often a person who violated a traffic signal, was speeding, or otherwise did something that resulted in a crash. In defect cases, the fault lies in the product’s failure, not the driver’s. This technical distinction means that the legal process is a little different, and makes it likely that your case will require expert proof. You may need accident reconstructionists, engineers, or automotive software experts who can help you prove what went wrong.
Product liability cases often bring up the legal principle of “strict liability.” While this language is not explicitly used in Massachusetts law, the state follows similar legal principles through common law, negligence, and breach of warranty claims. Essentially, in a negligence cause of action, you need to prove that someone owed a duty to you, breached that duty, and caused you damages as a result of that breach. Think about a car crash where a driver ran through a stop sign. That driver owed a duty to all other drivers to operate their vehicle in a reasonably safe manner. They violated that duty by driving through a stop sign. If they crashed into a vehicle that had the right-of-way, and the other vehicle’s occupant suffered injuries, that would be a fairly clear negligence case.
In product liability claims, the state laws often skip the need to prove negligence. Instead, the fact that it was defective is enough to find liability. Massachusetts’ breach of warranty policy operates similarly to strict liability, making it slightly easier to bring a claim against a defective product’s manufacturer.
Another important Massachusetts policy is that if a company knowingly conceals or misrepresents a defect, plaintiffs may seek double or treble damages. As a result, the compensation in such cases can amount to large sums.
Punitive damages in Boston defective car claims
Punitive damages are generally unavailable in Massachusetts except in wrongful death cases where the defendant’s conduct was willful, wanton, or reckless. Punitive damages allow a court to punish bad actors, whereas compensatory damages seek to compensate a person for their losses.
Massachusetts statute of limitations
In Massachusetts, the statute of limitations for personal injury and defective product claims is typically three years from the date of injury or discovery of the defect. Under the state’s discovery rule, the timeline may be extended if the defect was concealed or unknown initially. If you fail to bring your case on time, the courts will not allow your claim to proceed. It’s extremely important that you get in touch with a personal injury lawyer to discuss your defective car claim as soon as possible.
At Santoro & Gray, we work to carefully build each case we take on. Some of the steps we take include:
- Early investigation: We can help to preserve evidence, secure the vehicle, and prevent spoliation.
- Work with experts: Our team can connect with engineers, product design specialists, and safety compliance experts.
- Obtain internal manufacturer records: We look for recall bulletins, NHTSA filings, or internal testing data to help make your case.
- Connect the defect to human impact: When we tell your story of how the failure affected a real person, not just an engineering statistic.
Compensation in a lawsuit is meant to cover losses resulting from an accident. Several categories of damages might be available.
- Economic: These cover your medical bills, property damage, long-term care, lost wages, and loss of earning capacity.
- Non-economic: While these losses might not come with receipts, your pain and suffering, emotional distress, and loss of enjoyment of life are very real, and the law allows you to recover for them.
- Enhanced damages: Under Chapter 93A, you may be able to recover double or treble damages in cases where a company knowingly conceals or misrepresents defects, or punitive damages for deliberate concealment.
The damages available in each case will hinge on a number of factors, including shares of liability and the actual losses. It’s important to discuss your case with a Boston defective auto parts lawyer to get a sense of what your claim might be worth.
If you think that a defect might have contributed to your car accident or injuries, you need to speak to a lawyer as soon as possible. Some other actions to consider include:
- Do not repair or alter the vehicle. The vehicle itself may be the most important piece of evidence in your claim. Be sure to preserve it for inspection.
- Document everything. Take photos, keep service records and recall notices, and save any communications with the dealer. Share those documents with your attorney.
- Check the NHTSA Recall Database. Your vehicle might have been recalled. You can check for your vehicle’s VIN number at NHTSA.gov/recalls.
And again, contact a lawyer immediately to prevent evidence loss and to start the investigation. The longer you wait, the more likely it is that evidence will disappear. You need to be proactive in seeking counsel. Once you’re working with us, we can be there to take charge and start protecting your case.
Is the manufacturer automatically liable if there’s a recall?
Not necessarily. You still must prove that the defect caused your injury.
What if I had the vehicle repaired, but it still failed?
It’s possible that liability still exists if the repair was negligent or the defect persisted.
Can I recover if a loved one died because of a defect?
Yes, in these tragic cases, we can bring a wrongful death claim.
Can I still recover compensation if I was partly at fault for my injuries?
Yes, possibly. Massachusetts follows a modified comparative negligence rule. This policy allows you to recover damages as long as your share of fault is not more than 50%. However, your recovery would be reduced by your share of responsibility. For instance, if your damages added up to $100,000, and the court finds that you were 10% at fault, you could recover $90,000. These issues often arise in negligence cases, in which both drivers may have made mistakes that contributed to the crash.
In a product liability claim, comparative negligence can still impact the outcome. The focus is a little different in these cases, however, because you’re looking at a defect rather than driving behavior. For example, imagine a case where you did make a mistake, and you crashed your vehicle into a wall. The accident was your fault, but the car’s safety features were defective, resulting in more severe injuries. Maybe your seatbelt didn’t work, or your airbags failed to deploy. If those defects were a substantial contributing cause of your injuries, you may still be able to recover an award, although there might be an analysis that considered your degree of fault in that claim.
Our offices are conveniently located at 131 Dartmouth St, 3rd Floor, Boston, MA 02116. We’re happy to schedule your consultation online or over the phone if you’re unable to come to us.
Our lawyers are ready to listen to you and to start fighting to get you the compensation you need.
Contact our Boston auto defect lawyers
At Santoro & Gray, our lawyers offer compassionate representation to each client. We’re dedicated to telling your story and to standing up to negligent corporations with strength and determination. We offer free consultations, so there is no risk in reaching out to us today. Call us or fill out our contact form to get started. We’re prepared to fight for you, your loved ones, and your future.