Can I Sue the Car Manufacturer After in NC

The Bottom Line

Yes, you can sue a car manufacturer in NC if a defect in the vehicle caused your accident or worsened your injuries. There are two paths: the defect caused the crash (brake failure, steering loss, sudden acceleration), or the defect did not cause the crash but the vehicle failed to protect you as well as it should have (crashworthiness). These cases are expensive and complex -- they require engineering experts, accident reconstruction, and significant litigation resources -- but they are handled on contingency so you do not pay upfront.

Two Paths to a Manufacturer Lawsuit

Path 1: The Defect Caused the Accident

If a vehicle defect directly caused your accident, the manufacturer is liable for all resulting injuries and damages. Common scenarios include brake system failure that prevented you from stopping, steering system failure that caused you to lose directional control, sudden unintended acceleration that propelled the vehicle into a collision, tire tread separation that caused a blowout and rollover, and defective ignition switches that shut off the engine while driving -- disabling power steering, power brakes, and airbags simultaneously.

In these cases, the defect is the proximate cause of the entire accident. The manufacturer is liable for all your injuries, property damage, lost wages, and pain and suffering -- just as an at-fault driver would be.

Path 2: The Defect Worsened Your Injuries (Crashworthiness)

This is where product liability cases get interesting -- and where many people do not realize they have a claim.

The crashworthiness doctrine holds that vehicle manufacturers have a duty to design vehicles that protect occupants in reasonably foreseeable crashes. When a vehicle fails to provide that protection due to a design or manufacturing defect, the manufacturer is liable for the enhanced injuries -- the additional harm caused by the vehicle's failure to protect you.

Crashworthiness claims are powerful because they apply even when the accident was entirely someone else's fault. The manufacturer is not being blamed for the crash -- they are being held accountable for the vehicle's failure to protect you during a crash that was foreseeable.

Who You Can Sue

Product liability claims can target multiple defendants depending on the facts of your case.

The vehicle manufacturer. The company that designed and assembled the vehicle is the primary defendant in most product liability cases. They are responsible for the overall design, component selection, testing, and safety validation.

The component manufacturer. Many vehicle parts are made by separate companies. The airbag manufacturer (Takata, Autoliv, Joyson), tire manufacturer (Firestone, Goodyear, Continental), seatbelt manufacturer, or brake component manufacturer can be sued directly if their specific component was defective.

The dealer. If the dealership knew about a recall and failed to complete it before selling the vehicle -- or failed to disclose a known safety defect -- the dealer may also be liable. This is particularly relevant when a dealer sells a used vehicle with an open safety recall.

You can pursue claims against all responsible parties simultaneously. In fact, in many cases your attorney will name multiple defendants to ensure all potential sources of liability and insurance coverage are included.

Statutes of Limitation and Repose

NC imposes two separate deadlines on product liability claims, and both must be met.

The 3-year statute of limitations is straightforward -- you have 3 years from the date of your accident to file a lawsuit.

The 12-year statute of repose is the less obvious deadline. It runs from the date the vehicle was first purchased -- not when you bought it, not when you were injured. If the vehicle was first sold more than 12 years before your accident, your product liability claim may be time-barred entirely.

This is a hard cutoff with very limited exceptions. If you are driving a vehicle that is approaching or past 12 years old, the statute of repose is a critical consideration.

The Cost and Complexity of Manufacturer Lawsuits

Product liability cases against automakers are among the most expensive civil cases to litigate. The costs are driven by expert witnesses and engineering analysis.

Accident reconstruction expert. Establishes the physics of the crash -- speed, angle, forces, and sequence of events. Typical cost: $15,000 to $50,000 or more depending on the complexity.

Mechanical or automotive engineer. Examines the vehicle, identifies the defect, and provides testimony on how the defect caused or contributed to the injuries. For design defect cases, this expert must also propose and validate a safer alternative design. Typical cost: $25,000 to $100,000 or more.

Biomechanical expert. Connects the vehicle defect to your specific injuries -- explaining how the defect caused forces that produced your particular injury pattern, and how a non-defective vehicle would have resulted in different (lesser) injuries. Typical cost: $15,000 to $40,000.

Metallurgist or materials scientist. May be needed if the defect involves a material failure -- a weld that broke, a metal component that fractured, or a seal that deteriorated. Typical cost: $10,000 to $30,000.

Beyond expert fees, the litigation itself is expensive. Discovery in product liability cases involves reviewing thousands of pages of the manufacturer's internal documents -- design specifications, testing data, failure reports, internal emails, and regulatory correspondence. This requires extensive attorney time and often specialized document review teams.

Contingency Fees Level the Playing Field

Because of these costs, product liability cases against automakers are almost always handled on a contingency fee basis. The attorney advances all expert fees and litigation costs and only gets paid if you win or settle. The attorney's fee is typically one-third of the recovery.

However, attorneys are selective about which product liability cases they accept. The expected damages -- your injuries, medical bills, lost wages, pain and suffering -- must justify the $50,000 to $500,000 investment required to take on a manufacturer. Cases with catastrophic injuries, wrongful death, or clear defect evidence are most likely to be accepted. Cases with minor injuries, even if a defect existed, may not justify the cost of litigation.

What Your Attorney Will Need

If you consult a product liability attorney after an accident involving a suspected vehicle defect, they will evaluate several factors before deciding to take your case. The severity of your injuries is the first consideration -- product liability cases are only economically viable when the damages are significant. The strength of the defect evidence matters -- is the vehicle preserved, can the defect be identified and proven? The vehicle's age is critical -- the 12-year statute of repose may bar the claim. And the existence of similar complaints, recalls, or prior litigation against the manufacturer strengthens the case by showing a pattern.

If the attorney accepts your case, they will need the preserved vehicle (or at minimum the defective component), your complete medical records, the police report, any photographs from the scene, your vehicle's maintenance records, and the event data recorder (EDR) data from the vehicle's black box.

Frequently Asked Questions

Frequently Asked Questions

Can I sue the car manufacturer even if another driver caused the accident?▾

Yes. Under the crashworthiness doctrine, the manufacturer is liable for enhanced injuries -- the additional injuries caused by the vehicle's failure to protect you as well as it should have. Even if another driver caused the accident, the manufacturer is responsible for the portion of your injuries attributable to the vehicle's defective safety systems. You can pursue claims against both the at-fault driver and the manufacturer simultaneously.

How much does it cost to sue a car manufacturer in NC?▾

Product liability cases against automakers typically cost between 50,000 and 500,000 dollars or more in expert fees, engineering analysis, accident reconstruction, and litigation expenses. These cases are almost always handled on contingency, meaning the attorney advances these costs and only gets paid if you win. However, attorneys are selective about which cases they accept because the expected damages must justify the significant investment required.

What experts are needed for a product liability case against an automaker?▾

A typical case requires an accident reconstruction expert to establish how the crash occurred, a mechanical or automotive engineer to identify and analyze the defect, a biomechanical expert to connect the defect to your specific injuries, and potentially a metallurgist or materials scientist if the defect involves a material failure. Design defect cases also require an engineer to propose and evaluate a safer alternative design.

Is there a deadline to sue a car manufacturer in NC?▾

Yes, there are two deadlines. The statute of limitations gives you 3 years from the date of injury to file suit under N.C. Gen. Stat. 1-52. The statute of repose under N.C. Gen. Stat. 1-46.1 imposes a hard 12-year cutoff from the date of initial purchase. If your vehicle was first purchased more than 12 years before your accident, your product liability claim may be time-barred even if the defect clearly caused your injuries.