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There have been so many vehicle-related recalls lately that the general public has good reason to be nervous about their safety on our roads and highways. For example, most recently, Hyundai recalled over 300,000 of the 2011-2012 Sonata models because, in essence, the cars could not stay parked. Consumers found that the automatic transmission sometimes moves out of “park” and causes the car to drive or roll away.

The New York Times reports that this is the third time since 2009 that Hyundai has recalled vehicles for this specific issue. In 2013, close to 2 million cars were recalled, also for problems related to the brake switches, whereby drivers were unable to shut off cruise control even when using the brakes. The incidence of a vehicle’s brakes malfunctioning is most definitely an unreasonably dangerous defect that can lead to an accident and injuries.

car crash in new jersey due to faulty airbagsLawsuits Against Hyundai

Hyundai is no stranger to class action lawsuits, particularly when it comes to the Sonata model. Specifically, now that Hyundai is aware of the issue, the company should not be making warranty claims difficult for consumers. Claims should not be denied, for example, based on inadequate maintenance. Nor should consumers have to financially cover the transmission issue.

What are My Options?

Many people believe that if there is a recall on their vehicle, they are out of other options. However, depending upon the circumstances, you may have the right to financial compensation and other remedies.

What happens if a defect with someone else’s car leads to an accident with yours? The fact that the other car’s manufacturer recognized an error with their brake system and has issued a recall does not really help you or solve any financial concerns you might have related to injuries from the accident.

If an accident and associated injuries are caused by a vehicle defect, the doctrine of strict liability applies. In other words, if the defect caused your injury, you may have a claim without first having to prove carelessness or negligence. However, if the individual driving the other car with the defect knew about the defect and continued to use the car, the manufacturer may try to assert a defense claiming that the other driver’s negligence contributed to at least a portion of your injuries.

In some instances, car manufacturers have engaged in “cost-benefit” analysis, whereby even if they know a vehicle model has an inherent defect, they release that vehicle into the market anyway if the defect costs more to fix than they would potentially face in litigation. In these instances, courts can sometimes also award punitive damages to those who are injured by the defect, meant to punish companies that knowingly make the decision to place people’s lives at risk.

Solnick & Levin

Solnick & Levin covers major personal injury areas, including car and bus accidents, construction site accidents, premises liability, wrongful death, worker’s compensation, and social security disability for Philadelphia and surrounding areas, including New Jersey. If you have been injured in an auto accident, contact us today for a free consultation.


Social Security Disability Update

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In November, legislators signed a budget agreement into law, bringing some relief to the Social Security Disability Insurance Fund. However, the fund’s challenges are far from over. According to a study released by the Government Accountability Office, the Social Security Administration recently added close to 8 billion in debt and the disability fund experienced numerous […]

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Millions Paid to Settle Suits Involving Wrongful Death in Prison

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Jenkintown, PA Lawyers Answer Your FAQs about Personal Injury, Workers Compensation, SSD and SSI

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If you have recently been injured in an accident either at work or in a situation where someone else may have been at fault, you may be dealing with a situation unlike any you have ever experienced before. From what to do next to how you can get help paying your bills (and whether you […]

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Escaped Zebras (and Work Injuries) at Philadelphia Circus

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Although many in the city found it humorous, the incident of two zebras fleeing the circus on Sunday, November 15th reminded us that there can be some serious injuries for those who work at and attend circuses. The zebras fled the UniverSoul Circus outside the Mann Center for Performing Arts and were eventually safely recaptured. […]

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Taxicabs and Public Safety

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Several recent incidents have police and regulators focusing on the taxi industry and the need for enforcement of laws already in place to protect pedestrians and the general public. There are an estimated 1,600 taxis in Philadelphia, but some have received blatant violations of federal and city regulations on a daily basis, including at times […]

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Needles Found Inside Halloween Candy in Philadelphia

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Sadly, in the days after Halloween, police officers in Chester County are investigating reports of needles being found inside Halloween candy in the Stenning Hills area of the Borough, placing multiple children in danger. The candy was not discovered and reported to the police until midnight on the day after Halloween. Needles were found inside […]

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What to Do Immediately After a Bike Accident

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Many people are familiar with what should be done after a car accident, but what about a bike collision? Similar to car accidents, it is important to react intelligently in case you need to recover damages to address any injuries. Consumer Reports has prepared a list of steps that should be taken if you have […]

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