Most crashes come down to driver error. Some do not. When brakes fail, an airbag does not open, or a tire comes apart on I-45, the company that designed or built that part may be responsible. A Galveston defective auto parts lawyer at The Daspit Law Firm can find out what failed and who should pay.
Call (281) 748-2044 for a free consultation, 24 hours a day. We take these cases on a contingency fee, so there is no attorney fee unless we recover compensation for you. We also offer home and hospital visits and help in English and Spanish.
Defects show up in every kind of vehicle, from family SUVs on Broadway to work pickups headed to the Texas City plants. The ones we see most often include:
• Airbags that fail to deploy, deploy late, or rupture and throw metal fragments
• Seat belts that unlatch or fail to lock during a collision
• Brake system failures and sticking accelerators
• Tire tread separation and defective wheels
• Steering and suspension components that break
• Electrical or fuel system defects that cause fires
• Weak roofs that crush in a rollover
• Faulty ignition switches and driver assistance systems that malfunction
A defect can cause a crash, or it can make injuries much worse in a crash someone else started. Both situations can support a claim. If another driver also played a role, we may pursue them as well under our Galveston car accident practice.
Defective vehicle claims fall under Texas products liability law, which includes Chapter 82 of the Texas Civil Practice and Remedies Code. Our broader Galveston product liability page covers other consumer products. For vehicles, claims usually rest on one of three theories.
The part was built as intended, but the design itself was unreasonably dangerous. In general, Texas requires proof that a safer alternative design existed that would have prevented or reduced the injury and was economically and technically feasible when the product left the manufacturer.
The design was sound, but the specific part in your vehicle was made wrong: a bad weld, wrong material, or a missed quality check. These defects often affect a single batch or production run.
The manufacturer knew, or should have known, about a danger and failed to give adequate warnings or instructions. Slow or incomplete recall notices can fall into this category.
In most cases, Texas allows two years from the date of injury to file a lawsuit. Products claims also face a 15-year statute of repose under §16.012, measured from the date the product was first sold, with limited exceptions. Because these rules can cut off a claim, early review matters.
• The vehicle manufacturer
• The company that made the defective component, such as an airbag, tire, or brake supplier
• Distributors and dealers in the chain of sale, in some situations
• A repair shop that installed a faulty part or did work negligently
Texas law generally protects innocent sellers and requires manufacturers to indemnify them in many cases, so the claim often focuses on the companies that designed and built the part. A shop that skipped needed repairs may also be responsible, a topic covered on our failure to maintain page.
In a defect case, the vehicle is the evidence. If it is repaired, crushed, or sold at salvage auction, proving what failed becomes much harder.
• Get medical care and keep all records
• Tell your insurer and the tow yard not to destroy or sell the vehicle
• Photograph the vehicle, the failed part, and the scene
• Keep the owner's manual, service records, and any recall letters
• Write down what you felt or saw before the crash, such as warning lights or strange noises
• Check your VIN on the NHTSA recall lookup
• Talk to a lawyer before giving statements to a manufacturer or insurer
An open recall does not prove your case, and the lack of a recall does not defeat it. Recalls are one piece of evidence among many.
Defect cases often involve serious harm: burns, spinal cord damage, brain injury, and crush injuries. Depending on the facts, you may seek medical costs, lost income, loss of earning capacity, pain and mental anguish, physical impairment, disfigurement, and property loss. See our page on catastrophic injuries for how we approach life-changing cases. Families who lost someone may bring a wrongful death claim in Galveston.
Auto and parts manufacturers defend these cases with large legal teams and their own engineers. Founding attorney John Daspit spent the early part of his career as an insurance defense lawyer, so he knows how the defense side builds its case and where it is weak.
• We work with qualified engineers and reconstruction experts
• We send preservation letters fast so key parts are not lost
• We research recalls, complaints, and similar failures
• We prepare for trial in Galveston County while pursuing a fair settlement
If you think a vehicle part caused or worsened your injuries, call (281) 748-2044 or schedule your free case review. You pay no fee unless we win. This page offers general information and is not legal advice.
Often you cannot tell on your own. Signs include brakes that did not respond, a sudden loss of steering, a tire that came apart, or an airbag that stayed closed in a hard crash. An engineer must usually inspect the vehicle. That is why keeping the vehicle and the failed part intact is so important.
No. Many valid claims involve parts that were never recalled. A recall can help show the manufacturer knew about a problem, but the claim depends on proving the part was defective and caused your injury. You can check your VIN for open recalls on the NHTSA website.
Generally two years from the date of your injury. Texas also has a 15-year statute of repose for products, counted from the first sale of the vehicle or part, with some exceptions. These deadlines can overlap in complicated ways, so it is best to have a lawyer review your dates early.
Yes. Texas assigns a percentage of responsibility to each party. A negligent driver and a manufacturer can both be responsible, for example when a crash was started by one driver and a defective seat belt made the injuries worse. We look at every source of recovery.
Our firm takes defective auto part cases on contingency, so you pay nothing up front. Our fee is a percentage of the recovery, and if we do not recover money for you, you owe no attorney fee. The first consultation is free and available 24/7.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
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