A defect may stem from flawed engineering, sloppy assembly or missing warnings. When that flaw contributes to a wreck, attention shifts from driver error to the car itself. Courts ask whether the vehicle was unreasonably dangerous when used as intended, a standard often used in product liability cases.
Modified comparative negligence in the Garden State
New Jersey follows a 51% bar, which means that a party who is more at fault than all others combined recovers nothing. Insurers therefore weigh both the manufacturer’s design choices and the driver’s conduct. The state Ombudsman’s FAQ illustrates how adjusters apply those percentages during settlement talks.
Proving the defect actually caused the crash
A successful claim ties three threads together. First, it proves the existence of a flaw that is confirmed through recalls, engineering reports or teardown inspections. Second, you must prove a causal link. Accident-reconstruction specialists show how the flaw, not driver input alone, produced the loss of control or component failure. Finally, measurable harm must be shown. Medical files, photos and repair estimates quantify damages.
Evidence tools commonly used
Event Data Recorder downloads reveal pre-impact speed and braking. Electronic-stability logs confirm when traction systems misfired. Industry standards (e.g., FMVSS) highlight deviations from accepted practice.
Practical takeaways for New Jersey drivers
A recall notice is powerful but not required. An unannounced defect can still ground liability. Even if you made an evasive mistake, compensation remains possible so long as your share of fault stays at 50% or less. Prompt preservation of the vehicle is critical, towing it to a salvage yard before an expert inspects the parts can sink the claim.
Vehicle-defect cases blend product-safety principles with our state’s comparative-fault formula. By identifying the flaw, linking it to the collision and documenting every loss, crash victims can hold manufacturers (and any negligent drivers) accountable under state law
