Most car crashes happen because a driver made a mistake. Sometimes, however, the car itself fails. Brakes give out, a tire comes apart, or the steering locks without warning. When a hidden flaw causes a crash, a vehicle defect lawsuit may let you hold the manufacturer responsible. This article explains when Georgia law allows these claims, why they are hard to win, and why you need a lawyer involved early.
What Kinds of Vehicle Defects Cause Crashes?
A defect can make a car dangerous even when the driver does everything right. Common examples include:
- Brake failure or anti-lock brake malfunctions
- Tire tread separation or blowouts
- Steering system failures
- Stuck accelerator pedals or unintended acceleration
- Transmission failures
- Faulty headlights, taillights, or windshield wipers
Some failures leave obvious evidence. Others hide inside electronic systems or worn parts. In those cases, only a detailed engineering inspection can reveal what went wrong.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 246-2656When Can You File a Vehicle Defect Lawsuit in Georgia?
Georgia holds manufacturers strictly liable when they sell a product that is not reasonably safe and that defect causes injury. In practice, that means you generally do not have to prove the manufacturer acted carelessly. Instead, you must show the product was defective and that the defect caused your harm.
These claims usually fall into three categories:
- Design defects: every vehicle of that model shares the dangerous flaw.
- Manufacturing defects: something went wrong when the factory built your specific vehicle or part.
- Failure to warn: the manufacturer knew of a risk but did not warn owners adequately.
What About Dealers and Repair Shops?
Georgia treats sellers differently from manufacturers. A dealer that simply sold the vehicle generally does not face strict liability as a manufacturer. Even so, a seller or repair shop can still be liable for its own negligence. For example, a Georgia appeals court allowed claims to proceed against both a used-tire seller and the shop that installed a dangerous tire.
As a result, your case may involve more than one defendant. A lawyer can sort out which companies played a role and which legal theory fits each one.
Why Older Vehicles Raise a Deadline Problem
Georgia generally gives injury victims two years from the crash to file a lawsuit. Defect claims against manufacturers face another limit as well. Georgia bars most strict liability claims filed more than ten years after the product’s first sale as new.
In Campbell v. Altec Industries (2011), the Supreme Court of Georgia held that this ten-year clock starts when the finished product first reaches its intended consumer. Consequently, the age of your vehicle can decide whether a manufacturer claim survives. Georgia law makes limited exceptions, including certain failure-to-warn claims, so an older car does not always end the case.
Why the Vehicle Itself Is Your Most Important Evidence
In a defect case, the damaged car often proves everything. Unfortunately, insurers frequently total wrecked vehicles and send them to salvage quickly. Once a salvage yard crushes the car or sells it for parts, the evidence may disappear forever.
Georgia law also creates a duty to preserve evidence once you contemplate a lawsuit. In Cooper Tire & Rubber Co. v. Koch (2018), the Supreme Court of Georgia tied that duty to when the injured person actually anticipates litigation. That is why the moment you call a lawyer matters. From that point on, your legal team can secure the vehicle, its parts, and its electronic data before anything gets lost.
Why Hire a Lawyer for a Vehicle Defect Lawsuit?
Automakers defend these cases with large legal teams and their own engineering experts. They often argue that driver error, poor maintenance, or road conditions caused the crash instead.
An experienced attorney can counter those arguments. Your lawyer can work with independent engineers, review recall and complaint records, and track down the vehicle’s maintenance history. Moreover, your legal team can identify every company that may share responsibility, from the automaker to a parts supplier or repair shop.
Talk to Shane Smith Law About Your Vehicle Defect Claim
If you believe a defect caused your crash, act before the evidence disappears. A vehicle defect lawsuit requires fast action, careful investigation, and expert support. At Shane Smith Law, our team works to preserve the vehicle and build the case against the companies responsible. Call 980-982-2329 today for a free consultation with a Coweta County personal injury lawyer.
