What if a Product Without a Warning Label Injured Me?

Product manufacturers creating products that have the potential to cause harm or serious injury are under an obligation to make sure consumers are aware of these safety risks. Instructions that do not demonstrate how to use a product safely, or don’t address potential safety hazards associated with the product, may be illegal. These defects are known as marketing defects. Another type of defect is a design defect, which happens when the manufacturer makes a dangerous product that is hazardous even when used correctly. The third kind is a manufacturing defect, which occurs when a manufacturer makes an error during product creation, causing a hazard that was not included in the product design.

What Are Some Common Defective Products?

• Auto components: vehicle ignition systems, fuel systems, accelerators, airbags, seatbelts, tires, brakes, and child seats are everyday recalled items.

• Children’s toys: Toys often pose choking hazards or other safety risks during use.

• Furniture: Ikea has recently recalled millions of dresser cabinets because of the risk they pose of falling on children and injuring them.

• Over-the-counter drugs: Prescription medications and other health products are subject to common recalls.

How Can You Be Notified of Product Recalls?

If a manufacturer learns of a safety hazard involving its product, it must report it to the government agency responsible for consumer safety in its industry. The manufacturer or government agency must then run a campaign to notify as many consumers of the product as possible. They do this through posting on their website, sending letters, media coverage, or electronic notifications like emails. Due to the scope of the products sold and resold, all users of the recalled product will likely not be able to receive notification.

A product can be unsafe for several reasons. A product can be inherently hazardous and lack safety instructions, contain a manufacturing defect that poses hazards, or have instructions that do not detail proper safe use. In the event of a product liability injury, an experienced Lufkin product safety attorney can help you fight large manufacturing corporations. Many recalls are not formed about until a consumer files a complaint, and a product manufacturer will often try to offer the minimum amount of coverage for the damages they caused. The Lufkin personal injury attorneys at Mike Love & Associates, LLC are dedicated to fighting for the best compensation provided under Texas State Law in unsafe product damage cases. Call us today. We can help.

Why Are Midsize SUV Headlights Failing Safety Tests?

Recent studies by the Insurance Institute for Highway Safety suggest that many midsize SUVs’ headlights lack quality and safety. Headlights are critical to road safety, and factors such as visibility and glare were tested. The majority of vehicles were found to produce excessive glare, compromising night-time driving safety. Car manufacturers are responsible for providing safe products. Crashes are more likely at night, even though there is much less traffic.

Safety Tips for Driving at Night

• Vision correction: Human vision is much worse at night. Make sure you have corrective lenses on if you do not have perfect vision. Anti-glare lenses can improve visibility and enhance safety when driving at night.

• Stay awake: Driver fatigue is a significant contributor to road accidents. Make sure you are awake and alert, and if you start to feel sleepy, pull over to a nearby resting area to sleep.

• Clean your windshield: Dust and grime can accumulate on your windshield and refract light from other vehicles, reducing visibility and increasing the risk of an accident.

• Dim your dashboard lights: Limiting the amount of light entering your eyes from inside the vehicle will improve your vision outside the car.

These are great tips to keep you safe, but car manufacturers' negligence can still cause accidents. In the SUV case mentioned above, no recalls were issued; however, if a product is deemed unsafe, a liability case can arise.

When Is an Accident a Car Manufacturer’s Fault?

• Defective products: Faulty products cause accidents in many ways. Faulty tires that blow out, dangerous exploding airbags, and failing brake systems are examples. Car components must adhere to strict safety standards for legal reasons. A product liability attorney has the resources to investigate if your vehicle meets those specific standards.

• Failure to warn drivers: In the event of an auto recall, the manufacturer must notify drivers by mail within 60 days of the recall being issued, including options for remedying the issue. You can check for existing safety recalls on safecar.gov.

If you suspect that an auto accident happened due to a defective component in your vehicle, a Lufkin auto accident attorney at Mike Love & Associates, LLC can investigate manufacturer breaches in auto safety laws. Injured, contact us today.

Details About Takata Airbag Recall, Largest in History

You may have heard about the Takata airbag recall, an issue affecting 42 million vehicles in the United States with exploding airbags, but do you know the details about the case? The recall has been ongoing since 2013 and has grown in scope over the years. A long road riddled with safety negligence and unaccountability makes it difficult to track the number of vehicles affected.

Announced in April 2013, only six vehicle makes were initially identified as affected. Reports have surfaced that Takata and Honda allegedly knew about the dangerous airbags since 2004 but failed to report the issues. A Takata plant in Mexico was found to be allowing a defect rate that was six to eight times the acceptable limit. One of the main contributors to shrapnel explosions is high humidity, and many vehicles in hot, humid climates have been recalled.

Takata denies the New York Times report that it learned of the issue in 2004 and destroyed the evidence. The scope of affected vehicles has expanded to include many more makes and models operating in different climates. This issue has affected not only Takata but also many vehicle manufacturers, who have had to compensate owners for economic losses and personal injuries. Many of the affected makes and models were only identified after a dangerous explosion.

How Can You Check Your Vehicle for Recalled Parts?

An auto manufacturer is legally required to notify all the owners of affected vehicles that they know of within sixty days after the recall is reported. Once you receive the notice, the letter should include details on how to resolve the issue at no cost. If you suspect your vehicle may have a defective part, you can check safecar.gov to see if there are any recalls for your vehicle. In many cases, recalls are initiated due to consumer reports.

How Do You Report a Potential Auto Defect?

You can file a report with the National Highway Traffic Safety Administration (NHTSA) online by filling out a form. Providing the make, model, your vehicle identification number, and any photos or police reports that support your claim will help. You can also call the Vehicle Safety Hotline, powered by the NHTSA, to document your claim. The NHTSA reviews consumer reports and determines whether to contact an auto manufacturer about a potential recall. You may also report the issue to your vehicle manufacturer. Contact us if you are injured. Our team of experienced Lufkin product liability attorneys at Mike Love & Associates, LLC has years of experience proving liability in vehicle accident or injury cases.

Technology and Automation is Change Car Safety

As technology becomes increasingly prevalent in our vehicle systems, new questions about auto safety arise. How can we trust computers to regulate our vehicles? Is having less human control over driving safe? We do not yet have definite answers to these questions. However, human-designed cars are inherently unsafe, regardless of the technology integrated into the vehicle.

New Technologies That Are Changing Car Safety

• Autonomous vehicles: Much press has been made about self-driving cars, which have become a hot topic of debate due to safety concerns. However, this technology is new, and safety features are likely to improve. The vast majority of car accidents, including those involving self-driving cars, are caused by human error. Speeding, driving while intoxicated, and distracted driving account for most fatal car accidents. Many vehicles are equipped with self-steering features and electronic stability control, which sense a loss of traction on the road and attempt to correct it. A study by the Insurance Institute for Highway Safety found that newer vehicles with more advanced electronic safety features reduce the risk of dying in a crash by almost one-third.

• Driver assistance: These features are becoming more popular, including rear-view camera parking assistance, different driving modes for weather and road conditions, blind-spot monitoring devices, and collision control systems. When the car senses that a collision is imminent, the brake system automatically applies the brakes to stop the vehicle and avoid an accident.

• Multiple-vehicle automation: The U.S. Department of Transportation has discussed a rule that would require manufacturers to include “vehicle-to-vehicle” automation, allowing vehicles to “talk” to each other and making it easier to avoid accidents. The complexity of the U.S. legal framework makes it hard to implement these rules.

New Liability Issues Arise

These new technologies bring greater liability to the manufacturers of these ideas. Car manufacturers can be held responsible for defective parts and vehicle malfunctions, and laws regulating liability for defective software components that cause accidents will follow suit. These new innovative technologies receive a lot of backlash from those who think that computers should not be making driving decisions on our behalf. However, evidence shows that preventable human errors on the road are responsible for almost all accidents. If you or someone you know was in an auto accident due to the negligence of an auto manufacturer or another driver, contacting a Lufkin auto accident attorney can help you get the compensation you deserve. Call us today. We can help.

What Is an At-Fault State, and is Texas One?

What is an at-fault state? Texas is an at-fault state, which means the driver responsible for the accident must compensate the other party for their injuries and for damage to their vehicle. Proving which driver is at fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.

• Look for witnesses: A witness who can support your claim will strengthen your case, especially if it goes in a police report.

• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are essential details to include when speaking to the police.

• Make a report for your insurance company: Take pictures of the damage incurred and note any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage than the damage caused.  In this circumstance, it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region. The at-fault insurance system can create a strenuous process for determining who must provide coverage to the other. If an uninsured or underinsured driver hit you, you will likely have to get your own insurance company to compensate for your damages, which can be tricky. Lufkin car accident attorneys at Mike Love & Associates, LLC can fight for the compensation you deserve after a wreck. Contact us today.