Can I file a claim if my vehicle has an open recall I did not know about?

Yes. Manufacturers have a duty to notify vehicle owners of recalls, but many owners never receive or act on recall notices. If you were injured due to a defect that was subject to an open recall, you may have a strong claim. The existence of a recall demonstrates that the manufacturer acknowledged the defect, which supports your case.

What should I do with my vehicle after a crash involving a suspected defect?

Do not have the vehicle repaired, scrapped, or altered in any way. Notify your attorney immediately so they can issue a spoliation preservation letter and arrange for the vehicle to be stored securely. The vehicle and its components are critical physical evidence that must be preserved for expert inspection and analysis.

Can I sue the vehicle manufacturer and the parts manufacturer?

Yes. Under product liability law, you can file claims against any entity in the chain of distribution, including the vehicle manufacturer, the component parts manufacturer, and potentially distributors and dealerships. Your attorney will identify all potentially responsible parties to maximize your recovery and ensure accountability.

How are defective auto parts cases different from regular car accident cases?

Standard car accident cases focus on driver negligence, while defective auto parts cases focus on product failures. Auto parts cases require specialized engineering analysis, crash reconstruction, and metallurgical testing rather than just traffic investigation. They are brought against manufacturers under product liability law rather than against other drivers under negligence law.

What is the statute of limitations for defective auto parts claims?

The statute of limitations varies by state, typically ranging from two to four years from the date of injury. Some states have discovery rules that may extend the deadline if the defect was not immediately apparent. Additionally, some states impose a statute of repose setting an outer limit based on the vehicle or part's date of manufacture or sale.

Are aftermarket auto parts covered by product liability law?

Yes. Aftermarket parts manufacturers are subject to the same product liability standards as original equipment manufacturers. If an aftermarket brake pad, tire, or other component was defective and caused your injury, the aftermarket manufacturer, distributor, and retailer may all be liable. These claims are analyzed the same way as claims involving original equipment.

Defective Auto Parts Attorneys

Experienced legal representation for defective auto parts matters across all 50 states.

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900+

Vehicle safety recalls issued in 2023

Source: National Highway Traffic Safety Administration (NHTSA)

30+ million

Vehicles affected by safety recalls annually

Source: NHTSA Annual Recall Report

42,795

Motor vehicle crash fatalities (2022)

Source: NHTSA Traffic Safety Facts

About Defective Auto Parts

Defective auto parts litigation addresses injuries and deaths caused by faulty components in motor vehicles, from critical safety systems like brakes and airbags to structural elements like seat frames and fuel tanks. When an auto part fails due to a defect in its design or manufacturing, the consequences can be catastrophic, turning minor traffic incidents into life-altering crashes or causing accidents that would not have occurred at all with properly functioning components. These cases hold manufacturers of both vehicles and aftermarket parts responsible for putting dangerous products on the road.

Defective auto parts claims can involve virtually any vehicle component. Some of the most consequential litigation has involved airbag systems that deploy with excessive force or contain defective inflators, ignition switches that unexpectedly shut off the engine and disable safety systems, accelerator mechanisms that cause unintended acceleration, tire tread separations at highway speeds, defective seat belts that unlatch or fail to restrain occupants, and fuel system designs that increase the risk of post-collision fires. In each case, the legal question centers on whether the part's design or manufacture deviated from reasonable safety standards and whether that deviation caused or worsened the plaintiff's injuries.

These cases are governed by product liability law and often involve complex engineering analysis, crash reconstruction, and biomechanical testimony. The National Highway Traffic Safety Administration plays a central regulatory role, investigating safety defects, issuing recalls, and setting federal motor vehicle safety standards. Defective auto parts cases can be brought as individual lawsuits or consolidated into multidistrict litigation when a widespread defect affects many vehicle owners. Major auto parts litigation, including the Takata airbag cases and the GM ignition switch litigation, has resulted in billions of dollars in settlements and fundamental changes to automotive safety practices.

Why You Need a Defective Auto Parts Attorney

Motor vehicle crashes are a leading cause of injury and death in the United States, and defective auto parts contribute to a significant portion of these incidents. When a critical component like a brake system, airbag, or steering mechanism fails, the results can be deadly. NHTSA receives tens of thousands of consumer complaints about vehicle safety defects each year and issues hundreds of recalls affecting millions of vehicles annually. Despite this oversight, defective parts continue to reach consumers.

Defective auto parts litigation forces manufacturers to prioritize safety over cost savings and to act promptly when defects are discovered. Landmark cases have compelled major recalls, driven the adoption of safer designs, and exposed internal corporate decisions to conceal known defects. This legal accountability protects not only individual plaintiffs but every driver and passenger on the road by incentivizing the automotive industry to invest in safer components and more rigorous quality control.

Common Defective Auto Parts Cases

Defective Airbag Systems

Airbags that fail to deploy in a crash, deploy with excessive force causing facial and chest injuries, or contain defective inflators that rupture and propel metal shrapnel at vehicle occupants.

Brake System Failures

Defective brake pads, rotors, calipers, master cylinders, and anti-lock braking systems that fail to stop the vehicle properly, leading to rear-end collisions, intersection crashes, and loss of vehicle control.

Tire Defects and Tread Separations

Tires with manufacturing defects, inadequate tread bonding, or design flaws that cause blowouts and tread separations at highway speeds, resulting in loss of vehicle control and rollover accidents.

Ignition Switch and Electrical Defects

Faulty ignition switches that unexpectedly move from the run position, cutting engine power and disabling airbags, power steering, and power brakes while the vehicle is in motion.

Seat Belt and Restraint Failures

Seat belts that unlatch during impact, fail to properly retract, or have defective pretensioners, reducing occupant protection and increasing the severity of crash injuries.

Fuel System Design Defects

Poorly positioned fuel tanks, inadequate shielding, and defective fuel lines that increase the risk of fuel leaks and post-collision fires, causing severe burns and fatalities.

Steering and Suspension Failures

Defective power steering pumps, tie rods, control arms, and suspension components that cause sudden loss of steering control or vehicle instability, particularly at higher speeds.

Typical Defective Auto Parts Case Timeline

Vehicle and Parts Preservation

1-4 weeks

The vehicle and defective part are preserved in their post-accident condition. Your attorney issues spoliation letters to prevent the destruction of evidence and arranges for secure storage of the vehicle.

Crash Reconstruction & Engineering Analysis

2-6 months

Automotive engineers and crash reconstruction experts inspect the vehicle, analyze the failed component, and determine whether a defect caused or contributed to the crash and your injuries.

Claim Filing & Defendant Identification

1-3 months

A complaint is filed against the vehicle manufacturer, parts manufacturer, and any other entities in the distribution chain. Recall history and NHTSA complaint data are gathered to support the claim.

Discovery & Internal Documents

12-24 months

The manufacturer produces internal documents including design specifications, testing results, warranty claims, prior complaint data, and communications regarding the defect. Key witnesses are deposed.

Settlement Negotiations or Trial Preparation

3-9 months

Your attorney negotiates with the manufacturer based on the evidence gathered. If a fair settlement is not offered, the case is prepared for trial with demonstrative exhibits and expert testimony.

Trial or Resolution

1-6 months

The case is resolved through settlement or a jury trial. In MDL proceedings, bellwether trials may be conducted first. Appeals by the manufacturer can extend the process by additional months or years.

Know Your Rights

You have the right to expect that your vehicle and its components meet federal motor vehicle safety standards established by NHTSA.
Under product liability law, you can hold the vehicle manufacturer, parts manufacturer, and other entities in the supply chain liable for injuries caused by defective components.
You can file safety complaints with NHTSA at safercar.gov, which may trigger an investigation and potential recall of the defective part.
You have the right to be notified when your vehicle is subject to a safety recall, and the manufacturer must provide a free remedy.
You may pursue compensation even if the crash was partially caused by another driver, if a defective part worsened your injuries beyond what they would have been otherwise.
You have the right to obtain your vehicle's complete recall and technical service bulletin history from NHTSA and the manufacturer.

What to Look for in a Defective Auto Parts Attorney

Defective auto parts cases require an attorney with expertise in automotive product liability, crash reconstruction, and the engineering analysis needed to identify and prove component failures. Look for a firm that has handled cases involving the specific type of part at issue — airbags, tires, brakes, or electrical systems — since each requires different technical experts and legal strategies. The attorney should have access to automotive engineers, metallurgists, crash reconstructionists, and biomechanical experts who can analyze the failure and connect it to your injuries. Ask about the firm's experience working with NHTSA data, obtaining recall and complaint records, and navigating multidistrict litigation if your case involves a widespread defect. Financial resources are critical because these cases require expensive expert testing and analysis, often pitting individual plaintiffs against major automakers with vast legal budgets.

Questions to Ask Your Defective Auto Parts Attorney

1Have you handled cases involving this specific type of auto part defect before?
2What automotive engineers and crash reconstruction experts will you retain to analyze the failure?
3Has NHTSA issued any recalls, investigations, or technical service bulletins related to this defect?
4Is my case likely to be part of a multidistrict litigation, and how would that affect the timeline?
5Will my vehicle need to be preserved and inspected, and how should I handle that process?
6What is the statute of limitations for defective auto parts claims in my state?
7Does your firm have the financial resources to litigate against a major automaker?

Understanding Defective Auto Parts Legal Costs

Defective auto parts attorneys work on a contingency fee basis, typically charging 33% to 40% of the recovery. These cases require substantial investment in crash reconstruction experts, automotive engineers, metallurgical analysis, biomechanical experts, and demonstrative exhibits. Expert costs can range from fifty thousand to several hundred thousand dollars in complex cases. The firm advances all litigation expenses and recoups them from any recovery. If no recovery is obtained, you owe nothing for attorney fees or costs. Given the significant financial investment required, firms evaluate the strength of engineering evidence and the severity of injuries before committing to representation.

Key Legal Terms

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

What is Product Liability?

Tech Policy Lab, University of Washington

Product Liability Law: Liability for Manufacturing Defects