Car Accidents and Product Liability

Car collisions can leave you facing daily pain, limited mobility, time off work, and mounting medical bills. If a defective or malfunctioning part caused that collision, you may be entitled to compensation through a product liability claim.

Manufacturers have a responsibility to consumers to ensure that the products they put into the marketplace are reasonably safe for their intended use. When a product is poorly designed, improperly manufactured, inadequately tested, or lacks sufficient warnings and a collision occurs as a result, the manufacturer may be held liable for the harm they caused.

The experienced defective car lawyers at Salvi, Schostok & Pritchard P.C. have extensive experience tackling car collision cases involving product liability and recovering maximum compensation for their clients. We’ll fight to hold manufacturers accountable while you focus on recovery. Contact us today to learn whether you have a viable products liability claim.

How Salvi, Schostok & Pritchard P.C. Can Help with Your Car Accident Product Liability Claim

Collisions caused by defective vehicle parts or products can make for complicated personal injury claims. Pursuing compensation on your own can be challenging, but by working with the legal team at Salvi, Schostok & Pritchard P.C., you can rest assured that your case is in capable hands.

A Chicago product liability attorney from our law firm can help by:

Investigating Vehicle Defects: We’ll conduct a thorough investigation to determine whether faulty brakes, airbags, steering systems, or other automotive defects contributed to your crash or worsened your injuries.
Identifying Potentially Liable Parties: Various parties may be liable in a defective car lawsuit. Our personal injury attorneys can investigate to determine whether automakers, dealerships, parts suppliers, or repair shops bear some responsibility for the defective motor vehicle and resulting collision.
Examining Safety Recalls and Warnings: Our defective car lawyers review technical bulletins, consumer safety reports, and manufacturer recalls to determine whether the responsible party knew about the dangerous defect but ignored it.
Working with Experts: We collaborate with engineers and collision reconstruction specialists to obtain expert testimony explaining how motor vehicle defects caused the collision or made the injuries more severe.
Calculating for Maximum Compensation: We account for medical bills, lost income, rehabilitation costs, permanent disability, pain and suffering, emotional distress, and long-term care needs when determining full compensation for your car accident injuries.
Offering Critical Support: We recognize that car collision cases are not strictly legal matters for our clients. They are likely one of the most painful, emotional, and challenging experiences they’ve ever endured. We offer skilled legal counsel, compassion, understanding, and critical support during this difficult time.
Negotiating a Fair Settlement: Insurance companies will fight to protect their profits by minimizing your payout. When it is time to negotiate, we advocate assertively for the fair compensation you deserve.
Representing You in Court: If insurers won’t offer the settlement you deserve for your car accident claim, we can file a lawsuit and take your claim to court, where you’ll be represented by a skilled product liability lawyer who will fight for a favorable verdict on your behalf.

Contact us today to learn more about your legal options for obtaining fair compensation if you were injured in a defective auto parts accident.

Car Accident Case Results

Our firm’s record of substantial settlements and verdicts in car collision cases underscores our commitment to securing justice for clients injured in motor vehicle collisions. We’ve recovered over $2.5 billion for clients just like you, including some of the largest case results in Illinois history. Here are some examples:

$45 Million Settlement in a Motor Vehicle Accident Case

The Chicago City Council approved a settlement for $45 million after a 15-year-old car accident victim suffered catastrophic injuries in a police chase he was not a party to.

$33.2 Million Motor Vehicle Accident Jury Verdict (Lake County)

In March 2009, attorneys Patrick A. Salvi and Patrick A. Salvi II obtained a record-breaking $33.2 million verdict for a 22-year-old man injured in a Lake County car crash. The verdict exceeded the county’s prior record by nearly $10 million.

The award was designed to cover the young man’s lifelong medical and personal care needs, ensuring he could live as fully and comfortably as possible despite permanent physical disabilities.

$21.05 Million Personal Injury Jury Verdict (Cook County)

In December 2021, attorneys Patrick A. Salvi II, Brian L. Salvi, Aaron D. Boeder, and Rob L. Kohen secured a Cook County Circuit Court verdict. A 33-year-old mother who suffered a thoracic spine injury in a 2017 car crash in Maywood, Illinois was awarded $21.05 million.

The defense disputed the extent of her injuries and future medical needs. However, the court found the defendant had negligently caused the collision, leading to a damages-only trial. This verdict was one of the top three in Illinois for 2021.

Product Liability Case Results

The team at Salvi, Schostok & Pritchard P.C. has a strong track record with product liability cases, as well. We’ve secured some of the most significant recoveries in Illinois history while protecting the rights of those injured by negligent manufacturers.

$363 Million Toxic Tort Jury Verdict against Sterigenics

Salvi, Schostok & Pritchard P.C. obtained a record-breaking $363 million toxic tort jury verdict. A “toxic tort” case is a type of product liability case in which harmful substances (like ethylene oxide) harmed the injured party.

Our firm represented people who suffered severe medical conditions, including breast cancer, miscarriages, lymphoma, and leukemia, due to exposure to ethylene oxide from Sterigenics’ operations. This was the highest Illinois verdict of 2022 and 10th in the United States.

$15.35 Million Birth Injury Settlement (Sandwich, IL) involving a Vacuum Extractor Device

Attorneys Patrick A. Salvi and Matthew L. Williams secured a $15.35 million medical malpractice settlement. The injured party was a child who suffered a brain injury during birth. The injury occurred because of alleged negligence by Dr. Martin Brauweiler in using a Kiwi vacuum extractor device 18 times to assist in delivery, resulting in the child’s brain injuries. The settlement was one of the largest of its kind in Illinois and the largest ever in DeKalb County.

In this case, a product was allegedly misused, which resulted in severe injury.

Product Defects in Car Accidents

Car collisions involving defectively manufactured vehicles can occur in various ways. Sometimes the defect directly causes the crash. Other times, it makes a collision more severe than it would have been otherwise. Here’s a breakdown of both scenarios:

How a Product Defect Can Lead to a Crash

Defective components can fail at any time. Sometimes the failure comes at the worst possible moment. When they fail in a dangerous situation, they can leave drivers unable to avoid a collision. Common examples of defects leading to a crash include:

Faulty brakes that fail to stop in time
Defective tires that blow out or lose traction
Steering malfunctions that cause a sudden loss of control
Engine or electrical issues leading to fire hazards or stalling
Defective throttle systems causing unintended acceleration

These automotive defects can be directly responsible for the collision, which means that the product manufacturer may be liable for the injuries caused. Our attorneys can investigate these defects, connect them to the crash, and pursue maximum compensation on your behalf through a defective product claim.

When Defective Safety Features Fail

A product defect can cause a serious injury even when a driver or other motorist causes the crash because safety features fail to protect the vehicle’s occupants. Some common examples include:

Airbags failing to deploy or deploying with too much force
Seatbelts that tear or unlatch during impact
Child safety seats that collapse in a collision
Roof structures that cave in during rollovers

Pursuing a product liability claim after a car accident in which faulty safety features made injuries worse is often more complex than when a defective product directly causes the crash. These claims frequently involve multiple liable parties, and proving the true impact of the faulty features can be challenging.

Our attorneys have extensive experience with faulty safety feature cases, and we know how to build a compelling case for the compensation you deserve. We can work with experts to show the connection between your injuries and the unsafe product and fight to hold all liable parties accountable.

Strict Liability vs. Negligence

While many personal injury cases require proof of another party’s negligence, that’s not necessarily true for a product liability claim. Sometimes the case’s focus is not on the manufacturer’s actions but on the defect itself. These cases fall under a “strict liability” legal theory.

Here are some key differences between these two types of cases:

Strict Liability

Strict liability does not require proving that the manufacturer was negligent or that the company knew about the defect in advance. Instead, your attorney must show that the product’s design, manufacturing, marketing, or warnings were defective, and that the defect caused your injury.

For example, if a manufacturer produced a tire that is prone to blowouts under normal driving conditions, and a blowout led to a collision, they may be held responsible for your injuries under strict liability.

Strict liability is often easier for defective car lawyers to prove, as proving negligence requires evidence of the manufacturer’s carelessness or prior knowledge of the defect. Defense strategies against negligence may include legal arguments that the product met industry standards, underwent proper testing, or the collision was caused by external factors.

Negligence

Negligence focuses on the actions (or lack thereof) of the at-fault party rather than the defective product. In a car collision product liability case, proving negligence means showing that the manufacturer, supplier, or distributor failed to take reasonable care in designing, producing, or warning about the product.

For example, suppose a brake manufacturer tests a new model. In that case, the brakes fail under normal driving conditions because of the inferior quality of the material used to make the brakes, and the manufacturer uses that material anyway, this could be considered negligence. Under these circumstances, they could be held liable for any collisions that result due to the defective vehicle parts. To prove negligence, your attorney must show that the manufacturer knew or should have known about the defect and failed to address it.

Elements of a Product Liability Claim

Successful car collision product liability claims require establishing four key elements:

The Product Was Defective

A defect can occur in one of three ways: design, manufacturing, or marketing/warnings. Here are some key details about each:

Design Defects: These defects occur when a vehicle or part is unsafe even if built correctly because of a flaw in the initial design. The item is manufactured as designed, but the product includes an unreasonably dangerous design. Examples of improperly designed products could include a roof prone to collapsing in rollovers, faulty brakes or steering systems, and failed airbags.
Manufacturing Defects: In this type of defect, the product’s design is not inherently unsafe, but an individual unit deviates from that design in the manufacturing process in such a way that it makes the product dangerous. An incorrectly assembled brake system could be an example of this type of unsafe product.
Marketing or Warning Defects: When products have potential risks, but the company fails to warn consumers or provide sufficient instructions, it may constitute a marketing/warning defect. Examples could include insufficient instructions or warnings about how to use four-wheel drive features, if misuse of the four-wheel drive led to a malfunction that precipitated a crash.

Vehicle designers, manufacturers, and other parties have a duty to protect consumers from dangerous products and can be held liable when their dangerous product injures others.

The Defect Made the Product Unreasonably Dangerous

Proving a defect is not enough for a successful product liability claim. You must also show that the defect made the product unreasonably dangerous. Evidence can include collision reconstruction reports, expert analysis, and comparisons with safer alternative designs.

For example, courts may consider a tire that blows out when driving at normal highway speeds unreasonably dangerous.

The Defect Directly Caused Injury

Your attorney must connect your injuries to the dangerous defective product, whether the product directly caused the collision or worsened your injuries. Evidence can include medical records, collision reports, and expert analysis.

For example, suppose a defective seatbelt tears or unbuckles during a crash. In that case, experts may be able to demonstrate how the injury would likely have been less severe had the safety feature functioned correctly.

The Product Was Used as Intended or in a Reasonably Foreseeable Manner

You must also show that the faulty product was being used as intended or in a way that the manufacturer could reasonably expect some to use it. Evidence can include expert testimony and analysis of industry standards to show that the product was correctly used at the time of the collision.

For example, if the driver ignores brake maintenance instructions, the manufacturer may argue the injury resulted from improper use rather than a defect.

Statute of Limitations vs. Statute of Repose

It’s important to understand that you have a limited time to file a defective car lawsuit. Two laws restrict the timeframe of product liability cases: the statute of limitations and the statute of repose. Understanding these deadlines is crucial to protecting your legal rights and preserving your right to seek compensation.

Statute of Limitations

The statute of limitations sets the maximum amount of time accident victims have to file a lawsuit after an injury occurs. In Illinois, most personal injury and product liability lawsuits must be filed within two years from the date of the collision. Missing this deadline can mean losing your right to recover compensation for your injuries.

Some exceptions to the statute of limitations exist, including:

The Discovery Rule: The statute of limitations may be delayed until the injury is discovered or reasonably should have been discovered. If a slow-developing condition becomes apparent well after the collision, the window for filing may begin on the date of discovery. This principle could also apply if it was not immediately apparent that a product defect caused the collision.
Fraudulent Concealment: If the manufacturer lies to the claimant or falsifies documents to hide the automotive defect, the statute of limitations may be “tolled,” meaning the window for filing is paused until the date the concealment was discovered.
Minors or Incapacity: If the injured person is a minor or legally incapacitated, the statute of limitations may be tolled until the minor turns 18 or the injured person regains legal capacity.

Regardless of how long you have to file a defective car lawsuit, it’s critical to act swiftly. The legal process takes time, evidence can be lost or destroyed, witness memories can fade, and insurance companies often employ stalling tactics to push cases past the filing deadline. Contact an experienced lawyer as soon as possible to begin pursuing your claim.

Statute of Repose

While the statute of limitations focuses on the date of the collision or when the injury was discovered, the statute of repose focuses on when the product was sold or delivered. In Illinois, the statute of repose means that an injured person cannot file a lawsuit against an at-fault party after 10 or 12 years have passed. The deadline depends on the type of entity the goods were sold to. Additionally, an injured party cannot sue a seller after those periods have lapsed unless the at-fault party expressly issued a more extended warranty.

Exceptions to the statute of repose exist, including:

Fraudulent Concealment: If the manufacturer misled the public about a safety issue, some courts may extend the statute of repose.
Intentional Misconduct or Gross Negligence: If the manufacturer intentionally ignored a known danger, they may still be liable for injuries their product cause in lawsuits filed after the repose deadline.
Ongoing Warranties or Recalls: If the product still had a warranty in effect or there was a recall that the injured party could have used, some courts might allow a suit against the manufacturer after the usual deadline.

It’s important not to make any assumptions about the validity of your claim based on the statute of repose. While this deadline applies in some cases, it’s essential to speak with a lawyer to determine whether it applies in your case. At Salvi, Schostok & Pritchard P.C., we work on a contingency fee basis, so you don’t pay anything unless we recover compensation on your behalf. We also offer free consultations, so you don’t need to worry about paying to have your case reviewed.

Who Can Be Held Liable for a Defective Part?

Determining liability in a car collision product liability case can be complicated. Some potential defendants could include the following:

Vehicle Manufacturers

The automaker that designed and assembled the car can be liable if a defect in the vehicle itself was responsible for the collision and your injuries. Examples include airbags that fail to deploy, faulty brake systems, or steering systems that fail during normal use.

Parts Suppliers

Cars have thousands of different parts, many of which are produced by separate companies, including tire manufacturers, airbag suppliers, or electric component makers. Suppliers may bear responsibility for a collision caused by their defective products.

Dealers and Distributors

Car dealerships and distributors may have prior knowledge of defects or safety issues, which means they may bear responsibility if they sell a vehicle with these clear risks. They may also have improperly installed a part before selling the vehicle, potentially making them liable for a collision.

Repair Shops or Mechanics

In cases where a vehicle was serviced or repaired improperly, the repair shop may share liability if its work contributes to or worsens the defect-related injury.

How a Safety Recall Impacts Your Lawsuit

Sometimes manufacturers or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle or one of its parts has a dangerous defect and announces a safety recall. These public announcements are meant to alert owners about the safety risk so they can get the defect repaired.

The effects of vehicle recalls on your car collision liability claim include:

They Can Strengthen Your Case

If your collision was caused by a recalled part, it offers strong evidence that the product was defective. The recall notice itself can help prove that the manufacturer was aware of, and even admitted, the safety issue.

They Don’t Guarantee Compensation

Even if your defective vehicle or part was under recall, that doesn’t mean you automatically win a product liability lawsuit. Your attorney still has to prove that the defective product caused the crash or made your injuries worse.

Liability Can Extend to Other Parties If the Recall Was Ignored

If a dealership or repair shop failed to perform a recall repair, and the defective part causes a collision or worsens your injuries, they may be held accountable through a product liability claim.

Get a Free Consultation with a Chicago Product Liability Lawyer

If you’ve suffered injuries in a car collision caused by a defective part or product, you need an experienced product liability attorney to protect your rights. Salvi, Schostok & Pritchard P.C. has a long track record of record-breaking success with product liability cases. We offer a diverse team of 20+ top litigators and 35+ supporting staff with the resources and skill to aggressively fight for the rights of our deserving clients. Contact us today for your free consultation.