Vehicle Malfunction Injury Claims in Kentucky

NHTSA estimates that roughly 2% of all vehicle crashes in the United States involve some form of vehicle component failure. Given over 6 million crashes per year, that represents tens of thousands of incidents where a mechanical or electronic defect, not a driver, was at the root of the crash.

Types of Vehicle Defects That Cause Crashes

Not every malfunction is a defect, vehicles break down from normal wear and tear. A product liability claim requires showing that the component failed in a way it wasn’t supposed to, under conditions it was designed to handle. The most common categories in litigation include:

Brake System Failures

Brake failures, whether from a defective master cylinder, faulty ABS module, poorly designed brake lines, or defective brake pads, can cause loss of vehicle control or an inability to stop in time. NHTSA’s recall database regularly includes brake-related defects from manufacturers of all sizes. When brake failure is the cause of a crash, the vehicle should be preserved immediately as physical evidence.

Tire Defects and Blowouts

Defective tires, including tread separation, bead failures, and sidewall defects, can cause sudden loss of vehicle control at highway speeds. Tire defect cases require physical preservation of the failed tire and detailed forensic analysis of the failure mode. The defect must be distinguished from underinflation, road hazard damage, or age-related degradation.

Steering and Suspension Failures

Power steering failures, tie rod failures, and suspension component fractures can cause sudden loss of directional control. These failures at highway speeds often produce catastrophic crashes with little opportunity for the driver to react.

Airbag Defects

The Takata airbag recall, the largest automotive recall in history, illustrated how airbag inflator defects can cause the device designed to protect occupants to instead injure or kill them. NHTSA maintains an active database of airbag-related defects and recalls. If your airbag deployed in an unusual manner or failed to deploy in a crash where it should have, that’s a potential product liability issue.

Electronic Control System Failures

Modern vehicles rely heavily on electronic systems, throttle control, stability control, lane-keeping support, and automatic braking. Software defects or sensor failures in these systems can cause unintended acceleration, sudden braking, or failure of safety systems when they’re needed most.

Preserve the Vehicle, Do Not Repair It

If a vehicle malfunction caused your crash, the vehicle itself is critical evidence. Do not authorize any repairs until the defective component has been photographed, documented, and ideally examined by a qualified automotive engineer. Insurance companies and manufacturers will argue that post-crash repairs destroyed the evidence if you allow them before proper documentation. Our team sends preservation notices immediately in malfunction cases.

How Product Liability Works in Kentucky

Under KRS 411.300-411.350, Kentucky allows product liability claims based on:

• Strict liability, the product was defective and unreasonably dangerous when it left the manufacturer’s control, regardless of whether the manufacturer was careless. You don’t have to prove they knew about the problem, only that it existed.
• Negligence, the manufacturer knew or should have known about the defect and failed to address it, warn about it, or issue a recall in time.
• Breach of warranty, the vehicle failed to perform as warranted, expressly or implicitly.

A defect can be categorized as a design defect (the entire product line is dangerous because of how it was designed), a manufacturing defect (a specific unit deviated from the design), or a failure to warn (the product lacked adequate warnings about known risks).

What Happens When a Recall Was Already Issued?

If NHTSA issued a recall for the defect that caused your crash, that recall is powerful evidence of a known defect. The existence of a recall doesn’t automatically resolve your case, you still need to establish that the defect caused your crash and your injuries. But a manufacturer who knew about a defect through a recall and failed to adequately remedy it or notify owners may face enhanced liability including punitive damages.

If the crash happened before the recall was issued, and the manufacturer had internal evidence of the defect, that internal knowledge is the central target in discovery.

Check your VIN for open recalls. The NHTSA recall search lets you enter your VIN to see whether any open recalls exist for your vehicle. If a crash-causing defect is the subject of an open recall that was never remedied, the dealer who sold you the vehicle may also share liability for failing to complete the recall repair.

Is the Dealer or Repair Shop Also Liable?

Product liability claims can extend beyond the manufacturer. Dealers who sell vehicles with known open recalls may be liable if the recall repair was available but not completed. Repair shops that perform work on the affected component and fail to properly restore it can be liable for negligence in repair. Parts suppliers whose defective components caused the failure are subject to strict liability claims independently of the automaker.

These cases often involve multiple defendants, and Kentucky’s comparative fault rules allow each party’s responsibility to be assessed separately. For cases involving commercial vehicles, see our page on vehicle accident claims and our overview of Kentucky trucking accident law.