Many accidents and injuries are caused by a vehicle malfunction or defect—bad brakes, blown tires, software failures, and any number of things can trigger a traffic disaster. Unfortunately, for most accident investigators, vehicle defects are an afterthought. It's not uncommon for people to lose track of the vehicles involved in a crash after all is said and done. So what should people do if they believe a defect caused their accident?

Answer: If an accident victim believes a vehicle malfunction or defect caused their wreck, they should arrange to preserve the vehicle and find a forensic expert to examine it.

That advice is true whether the malfunctioning vehicle is yours or someone else's. In this article, we'll explain why it's so important to know where it is and keep it preserved.

Why Should I Maintain Access to the Vehicle after an Accident?

We get it—injured accident victims may not be excited about keeping tabs on a damaged vehicle, theirs or someone else's, that reminds them of one of the worst moments of their lives. However, if they think something was wrong with it, and that issue caused their crash and injuries, then it's crucial to know where it is until someone with the right tools and training can look it over.

Think of it like this: If you found some evidence you think might be connected to a crime, would you toss it in the trash? Of course not. Most folks would deliver that evidence to the authorities or other interested parties. The same goes for an accident caused by a vehicle defect: The key piece of evidence would be the vehicle itself. Without close examination, no one can say if it really was defective.

What Should I Do with the Defective Vehicle after an Accident?

We understand that not everyone can do much right after a crash, but if you believe a defect was involved then here are some recommended steps if possible:

• Take Photos - Capture images of:
  • The scene of the accident (vehicle position, road conditions, etc.)
  • The vehicle, especially the suspected defective part (brakes, airbags, tires, etc)
  • Any visible injuries or damages you sustained from the accident
• Write Notes - Record as many details as you can, including:
  • Your version of events
  • How you think the defect contributed
  • Any warning signs you noticed beforehand, like warning lights or strange noises
• Collect Contact Information - Get details from witnesses, other drivers, and passengers in case they noticed something you didn't.

After the accident, it's important not to let the suspected defective vehicle disappear. It might be towed to an impound lot or junkyard, and that's okay, but it can't be tampered with or destroyed. Here are a few points to follow about preserving the vehicle:

• Avoid Repairs - Don't take the car anywhere for repairs before it's inspected. Repairs could damage critical evidence of a defect or malfunction.
• Secure Storage - Get the car somewhere safe where it's unlikely to take further damage or degrade due to environmental factors.
• Keep Parts - If anything falls off the car or gets damaged during the crash, save what you can for inspection.

Of course, the best course of action is to promptly find someone who can arrange to have the vehicle inspected by an accident reconstructionist who can forensically examine it.

What Information Can Investigators Get from the Defective Car?

If an experienced and properly-equipped forensic investigator examines your vehicle, they can gather a great deal of useful information. For example, from the car's engine control module (its "black box"), they could obtain GPS information to map out how an accident took place, see how fast the car was going, learn what gear it was in, and determine when the brakes were used, among many other data points. They would also carefully examine different components of the car such as the seatbelts, tires, steering, brakes, fuel system, engine, and transmission, in search of inconsistencies or defects.

This information can be used to determine definitively whether or not a vehicle defect caused a crash. Just as importantly, the evidence will be preserved for any legal proceedings to hold the manufacturer accountable if they made a faulty product.

Who Might Be Liable if a Defect Caused My Accident?

The car maker is often the main party to hold accountable for injuries caused by a defect. If something in their design, materials, or production went wrong and that error led to your accident, then the manufacturer may be liable for it.

Sometimes the defect is in a specific part made by another company. Anything from brakes to airbags to suspension springs to tires might come from factories all over the world before they're finally fitted together on an assembly line. If a vehicle's malfunction is traced back to one of those parts made by a third party, then that company may also bear some responsibility for the part's failure—though the auto manufacturer still wouldn't be excused for installing it.

In short, whoever provably made a mistake that led to your accident and injuries may be liable for them. In terms of auto defects, that's most often whoever made the car and/or part that failed.

What If I Don't Have My Car Anymore?

The answer to that, like so many other questions, is "it depends." It's okay if the car isn't taking up space in your own garage or in a parking lot outside your apartment, but it has to be intact and undisturbed somewhere that investigators can get to it. For example, they can make an appointment to pick up your car at a junkyard, but storing it there may be playing with fire since the yard could destroy the car or sell its parts.

The bottom line is this: We do everything we can to secure and examine the defective vehicle. If we exhaust every effort to do so, and no avenue leads to an opportunity for investigation, then we may have to deliver bad news: "No car, no case."

Grossman Law Can Help with Your Auto Defect Case

If you don't take anything else away from this, remember to keep track of the vehicle you think was defective after your accident. Monitoring and preserving it are just first steps, though; it also needs to be inspected by trained forensic professionals. The information they uncover is crucial for anyone who wants to hold the car's maker accountable. Of course, most people don't have ready access to such experts or know where to find them.

That's where the next step comes in: Talk to a lawyer. A good product liability attorney networks with experts in many fields, forensic investigation among them. Moreover, an experienced lawyer can help make sense of the investigator's findings—as well as ensure they are admissible in court when it's time to confront the manufacturer.

The attorneys at Grossman Law Offices have decades of experience helping the victims of accidents caused by vehicle malfunctions and defects. If you were hurt or lost a loved one in an accident caused by an automotive defect, contact Grossman Law today for a free consultation. They're available 24/7.