Car crashes do not always have to be fatal. Modern vehicles contain safety features designed to protect occupants when collisions happen. But what happens when those features fail, and a person dies from injuries that might otherwise have been survivable?
Quick Answer: In Virginia, a car manufacturer may face a wrongful death lawsuit if a defective vehicle or safety component caused or contributed to a fatal injury. The manufacturer does not necessarily have to cause the original collision. However, Virginia has important limitations on these claims, and proving that a vehicle was legally defective requires more than showing that someone died in a crash.
Can You Sue a Car Manufacturer If Another Driver Caused the Crash?
Potentially, yes.
Imagine a driver runs a red light and strikes another vehicle. The collision is serious, but the occupants might have survived if their vehicle’s safety systems had performed properly.
Instead, a defective seat belt releases during impact, allowing an occupant to suffer fatal injuries.
The driver who ran the red light may be responsible for causing the collision. But the automaker could also face liability if a defect in the vehicle independently contributed to the death.
These cases require investigators to examine two different questions:
- What caused the crash?
- What caused the fatal injuries?
The answers are not always the same.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
What Is a Crashworthiness or Enhanced-Injury Claim?
The term crashworthiness generally refers to a vehicle’s ability to protect occupants during a collision.
An enhanced injury occurs when a vehicle defect makes injuries worse than they otherwise would have been.
For example, a person might have survived a rollover with serious injuries, but a defective vehicle component allowed additional injuries that proved fatal.
Virginia law has an important distinction: Unlike many states, Virginia has expressly rejected crashworthiness as a separate legal doctrine. Instead, courts evaluate these allegations under Virginia’s established product liability principles.
That means a claim must establish a legally recognized defect and the manufacturer’s responsibility under Virginia law. The fact that a vehicle failed to prevent a fatal injury does not automatically establish liability.
What Vehicle Defects Can Contribute to Fatal Injuries?
Several types of vehicle defects may become important in fatal crash investigations.
1. Defective Seat Belts
Seat belts help keep occupants properly positioned during collisions. A defective buckle, retractor, or other component may allow an occupant to move dangerously during impact.
2. Airbag Failures
Airbags are designed to work with other restraint systems. Depending on the circumstances, a failure to deploy, improper deployment, or defective airbag component may contribute to serious injuries.
3. Roof Collapse in Rollover Crashes
A vehicle’s roof structure can affect the space available to protect occupants during a rollover. Excessive roof deformation may contribute to catastrophic head or spinal injuries.
4. Defective Seats and Seatbacks
A seatback that unexpectedly collapses may alter an occupant’s movement during a crash, potentially causing serious injuries to that occupant or someone seated behind them.
5. Fuel System Defects and Post-Crash Fires
A defective fuel system may allow fuel to escape and ignite after a collision. In some cases, occupants survive the initial impact but suffer fatal injuries in a subsequent fire.
Each defect presents different engineering, medical, and legal questions. A severe injury alone does not prove that a component was defective.
How Do You Prove a Car Defect Caused a Wrongful Death?
These cases often require extensive investigation and expert testimony.
Attorneys may work with accident reconstruction specialists, automotive engineers, biomechanics experts, and medical professionals to determine:
- How the collision occurred and the forces involved.
- Whether a vehicle component failed or performed as designed.
- Whether the vehicle or component was unreasonably dangerous under applicable Virginia law.
- Whether the alleged defect caused or contributed to the fatal injuries.
- What injuries likely would have occurred without the alleged defect.
The last question can be especially important.
For example, if a person suffered fatal injuries from the initial impact, a separate safety system failure might not have caused the death.
But if reliable evidence shows that a defective component caused additional injuries that proved fatal, a potential claim against the manufacturer deserves investigation.
Does a Vehicle Recall Prove the Manufacturer Is Liable?
No.
A recall may provide important information about a potential safety problem, but it does not automatically establish liability in a particular crash.
Likewise, the absence of a recall does not necessarily mean that a vehicle was safe or free from defects.
An investigation may examine recall records, engineering documents, testing, complaints involving similar vehicles, and the vehicle’s actual condition.
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What Compensation Is Available in a Virginia Wrongful Death Case?
Virginia’s wrongful death law, Virginia Code § 8.01-50, allows qualifying claims when a person’s death results from legally actionable wrongful conduct.
Depending on the evidence, damages under § 8.01-52 may include:
- Sorrow, mental anguish, and loss of companionship.
- Loss of the deceased person’s income and financial support.
- Loss of services, protection, care, and assistance.
- Medical expenses related to the fatal injury.
- Reasonable funeral and burial expenses.
- Punitive damages in cases meeting Virginia’s demanding legal standard.
The personal representative generally brings the lawsuit for the benefit of the statutory beneficiaries.
How Long Do Families Have to File a Lawsuit?
In Virginia, wrongful death lawsuits generally must be filed within two years of the person’s death, subject to applicable statutory rules and exceptions.
However, families should not wait to investigate a potential vehicle defect.
The vehicle itself may be the most important evidence. Salvage, repairs, destructive inspections, or disposal can make it difficult or impossible to determine whether a safety component failed.
Preserving the vehicle and its electronic data should be an early priority.
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What Should Families Do If They Suspect a Vehicle Defect?
If a loved one died in a crash and there is reason to suspect a vehicle defect, consider taking these steps:
- Preserve the vehicle. Avoid repairs, dismantling, or disposal before qualified experts can inspect it.
- Preserve available records. Obtain crash reports, photographs, medical records, and information about the vehicle’s history.
- Identify potential witnesses. Statements from witnesses and first responders may help establish what happened.
- Consult an attorney familiar with catastrophic injury and product liability litigation. These cases can require specialized engineering evidence and substantial investigation.
Can MartinWren Investigate a Fatal Crash Involving a Defective Vehicle?
At MartinWren, P.C., we represent families in serious injury and wrongful death cases throughout Virginia.
A fatal collision may involve more than negligent driving. When evidence suggests that a vehicle defect contributed to a death, determining what happened may require a careful investigation of the vehicle, its safety systems, and the injuries sustained.
If your family lost someone in a crash involving a suspected vehicle defect, contact MartinWren for a free consultation about your legal options.
Call (434) 817-3100 or complete a Case Evaluation form