Drivers expect the cars they buy to meet safety standards and minimize injury risks. Unfortunately, this is not always the case. In fact, the National Highway Traffic Safety Administration (NHTSA) issued more than 1,000 safety recalls affecting more than 35 million motor vehicles in 2021.
When a vehicle has defects, drivers, passengers, and others on the road can pay the price. Death and serious injury are a real possibility, leaving shattered lives and loved ones behind.
If you or someone you love has been hurt or killed as a result of a defect with a vehicle, you have rights. An experienced Denver accident lawyer from Dulin McQuinn Young is here and ready to help you. Our team has represented clients in more than 300 jury trials, and our lawyers have been named as SuperLawyers and earned a top 10 Superb rating on the online legal marketplace, Avvo.
We handle every auto defect case with the knowledge, skill, and compassion these complex claims deserve, so give us a call today at (303) 246-1111 to schedule a free consultation with an experienced Denver automotive defect accident lawyer today to get help with your case.
Types of Denver Auto Defect Accident Claims
Many things can go wrong with vehicles today, but some defects are more common than others. Here are a few of many examples of auto defects our firm can help clients to recover compensation for if those defects cause them harm:
- Defective airbags
- SUV rollovers
- Seat belt failures
- Faulty brakes
- Tire tread separation
- Tire blowouts
- Broken steer components
- Fuel system problems
- Accelerator that becomes stuck
- Faulty wiring systems
These and other problems with vehicles can both increase the risk of an accident occurring and increase the likelihood of serious or fatal injuries happening in a crash. A Denver injury attorney from Dulin McQuinn Young can help you with a personal injury claim.
Who is Liable for Automobile Defects?
Under Colorado’s Product Liability laws, Section 13-21-401 establishes the rule that manufacturers can be held liable for defective products.
As the law states, “manufacturer” means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product prior to the sale of the product to a user or consumer.”
Sellers can also be held liable if:
- They have actual knowledge of a product defect
- They provide a manufacturer with production specifications related to the defect or otherwise exercise control over the manufacturing process
- They alter or modify the product in any significant way after it comes into their possession but before it is sold
- They are owned, in whole or in part, by the manufacturer.
Dulin McQuinn Young can help you determine all potential defendants who could be held liable for the harm that you or a loved one experienced as a result of an automobile defect.
Proving a Claim for an Auto Defect
Victims have many different legal theories they could present to demonstrate that a manufacturer should be held liable for a defective product. If you were hurt by vehicle problems you could sue based on:
- Strict liability: Colorado courts adopted strict liability rules in Hiigel v. General Motors, 190 Colo. 57 (Colo. 1975), so plaintiffs don’t have to prove a manufacturer was negligent to recover compensation. They can hold a company accountable simply by showing a product was released with a design or manufacturing defect that caused harm.
- Breach of warranty: Vehicles come with both express warranties (manufacturer promises) and implied warranties. Implied warranties mean consumers have the right to assume a product will be safe when used as intended, even if there’s no specific manufacturer guarantee of that.
- Negligence: Companies have an obligation to exercise reasonable care in the design, manufacture, and distribution of vehicles. If they fail in these obligations, they can be held liable for their negligent breach of duty.
- Failure to warn: If there are inherent risks to a product, companies must provide warning to their users or can be held responsible for losses that result from their failure to warn.
There is, however, a reputable presumption under Section 13-21-403 that a product is not defective if:
- The manufacturer confirmed to state-of-the-art standards (not just industry standards)
- The manufacturer complied with all applicable codes and standards set forth for the product
- 10 years have passed since the product was first sold for consumption
You need an experienced Denver auto defect accident lawyer to help you decide whether legal grounds exist to make your case, identify the best legal arguments to make, and gather evidence to prove your case. Your attorney can also help you determine if these presumptions apply and, if so, can assist you with rebutting them.
Statute of Limitations for Auto Defect Accident Claims
Colorado statute § 13-80-106 establishes a two-year statute of limitations for product liability claims, notwithstanding other statutes to the contrary while Colo. Rev. Stat. § 13-80-101 imposes a three-year statute of limitations for claims brought under the Motor Vehicle Responsibility Act.
The time deadline is called the statute of limitations. If you wait beyond the time when the statute of limitations expires, your claim will be time-barred and you won’t be able to move forward.
Compensation for Denver Auto Defect Accident Claims
You should be entitled to compensation for:
- Medical bills resulting from injuries caused by the vehicle defect
- Loss of income or earning power if you suffered injuries that limit your ability to work or prevent you from working
- Pain and suffering occurring as a result of the defective vehicle
- Emotional distress if you experience mental anguish as a result of your injuries
Colorado imposes a cap on non-financial loss under Colo. Rev. Stat. § 13-21-102.5 so payment for pain and suffering and emotional distress is limited.
Getting Legal Help With an Auto Defect Accident Case
Don’t let big auto companies or their insurers intimidate you out of getting the money you deserve when a vehicle is defective — and don’t let them convince you to settle for less than you should fairly receive.
Dulin McQuinn Young knows the ins and outs of product liability claims and we’ve helped clients recover compensation for many vehicle-related problems. To find out more about the help our Denver auto defect accident lawyers can offer, contact us today at (303) 246-1111.