Another driver caused the crash. An automotive safety defect can still reach the manufacturer. Georgia asks a separate question about how badly the vehicle failed you.
Below, we explain that doctrine, what it demands, and which failures fit it.
Why an Automotive Safety Defect Claim Survives Another Driver’s Fault
Georgia calls this crashworthiness. Courts treat a collision as an event every manufacturer should expect, so a design must protect occupants when one happens.
Ford Motor Co. v. Stubblefield stated the principle directly. A manufacturer answers for a defect “which causes injury when activated by a foreseeable collision.”
Notice what that removes. The company need not have caused your wreck at all.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931What Georgia Requires You to Prove
Polston v. Boomershine set the framework in 1992. You must show the design defect was a substantial factor in producing damages beyond those the original impact probably caused.
Then the burden moves. A manufacturer that wants to limit its share must demonstrate a rational basis for apportioning the liability.
Indivisible injuries complicate that task considerably. Consequently, manufacturers often find the apportionment argument harder than the defect argument.
Which Failures Fit Which Theory
Two categories behave differently, though the old page blurred them:
Crashworthiness failures. Roof crush, airbag non-deployment, seat belt release, and fuel-fed fires all worsen injuries during a crash somebody else caused.
Crash-causing failures. Tire tread separation, brake failure, and unintended acceleration create the collision itself.
Each theory needs different proof. So identifying the category early shapes which experts a case requires.
Why the Vehicle Cannot Be Scrapped
Insurers move quickly after a total loss. Salvage yards then buy, part out, and crush vehicles within weeks of a claim closing.
Nothing substitutes for the car itself. Experts examine roof structure, the airbag module, belt webbing, and the tire carcass to determine what actually failed.
So storage matters immediately. A preservation letter and a storage agreement should precede any settlement of the property damage claim.
What a Recall Proves
NHTSA maintains a free VIN lookup for open recalls. Checking it costs nothing and takes a minute.
Results cut both ways, however. An open recall supports a claim, yet the absence of one proves little. Most defects never generate a recall.
Why the Clock Runs Differently
O.C.G.A. § 51-1-11 bars most product claims ten years after the first sale. Still, the duty to warn about dangers a manufacturer later learns survives that cutoff.
Talk to a Fayette County Product Liability Lawyer
Shane Smith Law preserves the vehicle before anyone scraps it. Contact us for a free consultation.
