Defective Vehicle & Auto Part Accidents in California
Sometimes a crash is not the driver's fault at all — a part of the vehicle failed. A blown tire, an airbag that did not deploy, failing brakes, or another defect can cause or worsen a crash, and the company behind the defect may be responsible.
When a defect causes or worsens a crash
Tire failures, brake defects, airbags that fail to deploy or deploy improperly, seat-back or roof failures, and other component problems can each play a role in a crash or the injuries that result. When a defect contributed, the maker of the vehicle or part may share responsibility.
Preserve the vehicle and the part
In a defect case, the vehicle itself is key evidence, so it is important not to repair, discard, or let it be salvaged before it can be examined. Preserving the vehicle and the failed part often makes or breaks these claims.
A separate, powerful avenue
A product-defect claim is different from an ordinary crash claim and can involve manufacturers with significant resources. It is also easy to overlook, which is why a crash that seems inexplicable is worth a closer look at the vehicle.
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Frequently asked questions
Can I sue a car maker if a part failed?
Possibly. When a defective vehicle or part causes or worsens a crash, the manufacturer may be responsible under product-liability law. Preserving the vehicle and the failed part is essential.
What should I do if I think a defect caused my crash?
Do not repair, sell, or scrap the vehicle, and get advice quickly. The vehicle and the failed part are key evidence, and losing them can end a defect claim.
How is a defect claim different from a normal crash claim?
It targets the maker of the vehicle or part rather than another driver, follows product-liability rules, and often involves well-resourced manufacturers. It can be a separate, valuable avenue.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related car accident types
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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