Defective Electronics: Miami Car Accident Lawyer  - Sean M. Cleary

Car Accidents Following the Employment of Defective Electronic Components in Miami

The rise in technologically advanced vehicles is causing a raft of new types of car and component recalls. Today’s cars contain many electronic components with over 100 million lines of code. When there is that much new software in a car, various errors are bound to occur, sooner or later.

However, such errors may cause serious car accidents which may end up being fatal to the driver and their passengers. There is a surge in the field incidents reported by carmakers related to electronics involving injury or death. Investigations triggered by these incidents turn into car recalls. Over the last four years, the rate of software-related car recalls has risen from under 5% to 15%.

Which Electronic Components May Be Defective in a Car?

Cars entail a constant interaction between the onboard software and the electronic components, which include safety and entertainment features. Ultimately, they are vehicles that are meant to transport us from point A to point B. Nevertheless, software bugs, viruses, errors, and many other issues with electronic equipment may happen in ways no one could have anticipated during the design and manufacturing of the car. This is particularly the case in Miami, where the unique cocktail of air, sun, and humidity quickly leads to corrosion, causing internal components in a vehicle to degrade faster than in other parts of the country.

Oftentimes, car suppliers and manufacturers fail to understand how electronic components in a vehicle interact with non-electronic components. All car components are connected in a system that must function seamlessly. Even if the car components in the system communicate well, suppliers need to realize that the physical environment may cause risks that could affect the performance of the electronic components and software of the car. For example, extreme temperatures, humidity levels, objects hitting a car, skidding, and low-impact collisions are a few of the seemingly minor situations which could ultimately compromise the safety of all passengers in a car accident.

Unfortunately, Florida drivers are not able to detect defects in the electronic components of their cars until something malfunctions or they receive a recall notice. Technology-related recalls include two types of defects:

• Electronic components. Malfunction or failure of electronic components may occur due to a physical defect. These include defects related to aspects such as water infiltration or wiring failure.
• Software integration, defect, and remedy. These defects include cases when the software on one component does not communicate correctly with another component. The software controlling a component needs to be fixed because it was programmed incorrectly or was programmed correctly but is not working, as well as when software replacement is identified as the appropriate remedy for a component defect.

Hardware and components affected by recalls include, but are not limited to:

• Powertrain
• Fuel system
• Locks
• Electrical
• Exterior lighting
• Steering
• Vehicle speed control
• Engine and engine cooling
• Parking brake
• Hybrid propulsion
• Equipment
• Structure

Electronic recalls are much more common in new vehicles. In the last year, technology-focused recalls affected more than 14 million automobiles, including the following:

• General Motors recalled 3.6 million cars due to a sensing and diagnostic module software defect and nearly 800,000 Chevrolet Silverado 1500 and GMC Sierra 1500 pickup trucks that could lose electric power steering.
• Nissan recalled approximately 3.3 million vehicles related to a defect in the occupant classification system.
• Mitsubishi Motors Corp. recalled over 161,000 vehicles because electric relays could cause the engine to stall or overheat.
• Chrysler Ram recalled over 16,000 vans because of an ignition switch that may experience intermittent loss of electrical contact.
• Ford Crown Victoria and Mercury Grand Marquis recalled over 296,000 cars because of a defective lighting control module which can reduce driver visibility and increase the risk of a crash. Ford Escape recalled over 9,000 cars because faulty wiring could cause a sensor to provide incorrect signals, which can make the engine stall.
• Hyundai Motor America recalled more than 200 vehicles believed to contain defective electronic power control units.
• Mercedes-Benz S550 Hybrid recalled 52 cars because of a defective high voltage onboard charger.

How Can Defective Electronic Components Cause Injuries in a Car Accident?

Automotive electronic components can suffer from faults and defects which have the potential to cause harm. While in some cases these defects are minor, in others they can cause serious damage and injuries to the people who use them.

• Electrical system defects in a car or defective batteries may cause vehicle fires. A defective electrical sunroof may suddenly buckle, shatter and send glass shards, causing a fire to start in the passenger compartment and injuring the passengers, even if the engine is off and the keys are not in the ignition at the time.
• A malfunction in the software and computer system of the car. This defect may cause a vehicle to switch gears at improper and inopportune moments randomly. The unintended shifts may lead to serious car accidents.
• A defective electronic may cause sudden unintended acceleration in a car. This can be caused by a defect in pulleys in the vehicle’s cruise control systems. Losing control of the acceleration of a car may cause accidents with serious injuries.
• Faulty ignition switches. The ignition switch directs every action of a car. Cut off the electrical power, and you suddenly have no control of the vehicle. Ignition switch malfunctions may cause you to lose control of your brakes, lose power steering capabilities and lose airbag deployment capabilities. Without power, the engine will stop running. But that doesn’t mean the car stops moving.

Defective electronics may cause serious car accidents. Consequently, drivers and passengers may be left with debilitating or even fatal injuries. These are the most common injuries which people may sustain following a car accident caused by a defective electronic component:

• Head injury
• Multiple lacerations
• Spinal cord injuries
• Internal injuries
• Burns
• Broken bones

Liability and Compensation for Defective Electronic Components of a Car

Every manufacturer is responsible for ensuring that their products are safe and adequately tested before they are released on the market. Poor manufacturing or design and negligence during testing can cause serious injuries or death. Manufacturers bear a significant financial burden from the unprecedented level of recalls in the last years. Because this represents a remarkable hit to their income statements and balance sheets, they are finding ways to recover a portion of those costs from suppliers that they believe are accountable for at least part of the liability stemming from a defect. Depending on the circumstances, a claim may be filed against:

• The manufacturer of the electronic component
• The automobile manufacturer
• The company which distributed the vehicle
• The car dealer

Victims of car accidents caused by defective electronic components can file a claim and seek compensation for their medical expenses, pain, and suffering due to the traumatic experience of the accident, lost wages, property damages, and other aspects.