To prove a car malfunction caused your crash in Texas, you need the vehicle itself, an expert inspection and records that tie a specific failure to the collision. The Burkett Law Firm helps Corpus Christi drivers preserve that evidence and pursue product liability claims against manufacturers and parts makers, and negligence claims against repair shops.
Who can be held responsible when a car part fails?
Mechanical failures are less common than driver error, but when a brake line, tire or steering component fails at highway speed, the result can be devastating. Who pays depends on why the part failed.
- The vehicle manufacturer, when the car was designed or built with a defect.
- The parts manufacturer, when a component such as a tire, airbag inflator or brake part was defective.
- A seller or dealer, in limited cases. Under Tex. Civ. Prac. & Rem. Code § 82.003, a seller that did not manufacture the product is generally not liable unless an exception applies, such as when the seller altered or installed the product, knew of the defect, or the manufacturer is insolvent or outside the court’s reach.
- A repair shop or mechanic, when a negligent repair or missed problem caused the failure.
- The owner or operator of another vehicle, when poor maintenance on that vehicle, such as worn brakes on a commercial truck, caused the crash.
Commercial vehicles raise their own issues. Trucking companies must follow federal inspection and maintenance rules, and a brake or tire failure on an 18-wheeler often points to the carrier as well as the manufacturer. Our Corpus Christi truck accident lawyers handle those claims.
| Type of failure | Evidence that often matters | Parties who may be responsible |
|---|---|---|
| Brake failure | Brake components, maintenance records, event data showing brake application | Manufacturer, parts maker, repair shop |
| Tire blowout or tread separation | The tire itself, tire age and recall status, inflation history | Tire manufacturer, installer, vehicle owner |
| Steering or suspension failure | Failed parts, metallurgy testing, recall and complaint history | Manufacturer, parts maker, repair shop |
| Unintended acceleration | Event data, electronic control records, witness accounts | Manufacturer |
| Airbag or seatbelt failure | Restraint components, crash data, injury pattern | Manufacturer, parts maker |
What kinds of defects does Texas law recognize?
Texas product liability claims usually fall into three categories:
- Manufacturing defects, where a particular part departs from the manufacturer’s own design, such as a bracket that was welded badly.
- Design defects, where the design itself is unreasonably dangerous. Under Tex. Civ. Prac. & Rem. Code § 82.005, the injured person must prove a safer alternative design existed and that the defect was a producing cause of the injury. The safer design must have been economically and technologically feasible when the product left the manufacturer’s control.
- Marketing defects, where the product lacked adequate warnings or instructions.
Texas product claims can proceed under strict liability. That means the injured person generally does not have to prove the manufacturer was careless, only that the product was defective and unreasonably dangerous and that the defect was a producing cause of the harm. Manufacturers have defenses, though. Under § 82.008, a manufacturer that shows its design complied with mandatory federal safety standards governing the risk at issue gets a rebuttable presumption that it is not liable. The injured person can overcome that presumption by showing the federal standard was inadequate or that the manufacturer withheld or misrepresented information to regulators.
What evidence proves a car malfunction caused the crash?
Keep the vehicle
The car is the most important piece of evidence. Do not let it be repaired, sold or sent to salvage until it has been inspected. Insurance companies often move total-loss vehicles to auction quickly, so ask in writing that the car be held. Texas courts can impose sanctions when a party destroys evidence it had a duty to preserve, a framework the Supreme Court of Texas set out in Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014). The same rules can work against a claimant whose own vehicle is lost before the other side can inspect it.
Download the event data recorder
Most modern vehicles have an event data recorder that captures speed, throttle, braking and seatbelt status in the seconds around a crash. Under Tex. Transp. Code § 547.615, that information generally may not be retrieved by anyone other than the vehicle’s owner unless there is a court order, the owner consents, or another listed exception applies. The Burkett Law Firm can arrange a proper download with the owner’s consent or a court order, so the data is preserved and holds up if the case goes to court.
Check recalls and complaints
The National Highway Traffic Safety Administration lets you search for open recalls by VIN and review complaints other owners have filed. A recall on the part that failed is strong evidence, but it is not required, and a recall alone does not prove the recalled defect caused your crash. Similar complaints can also show the manufacturer knew about a problem.
Gather maintenance and repair records
Records show whether the part failed because of a defect or because of wear and neglect. They matter even more now. Since January 1, 2025, noncommercial vehicles in Texas no longer need an annual safety inspection, according to the Texas Department of Public Safety, so there may be no recent third-party record of the car’s condition. Oil change receipts, dealer service records and repair invoices fill that gap.
Use qualified experts
Engineers and accident reconstruction specialists examine failed parts, test materials and rebuild the sequence of the crash. Expert work is usually what connects a broken part to the collision.
Document what you and witnesses saw
Your account matters: a brake pedal that went to the floor, steering that locked or a warning light that came on. Witnesses may have seen smoke, sparks or a sudden swerve. Courts expect more than the failure itself, though. In Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004), the Supreme Court of Texas found that evidence a pickup caught fire, along with an expert who could only suspect the electrical system, was not enough to prove a manufacturing defect. Strong cases identify the specific part that failed and explain why.
Can the manufacturer blame you for the crash?
Often it will try. Common defenses include poor maintenance, aftermarket modifications, misuse of the vehicle, speeding or driver distraction. Texas proportionate responsibility rules in Chapter 33 of the Civil Practice and Remedies Code apply to product claims. Your recovery is reduced by your percentage of fault, and under § 33.001 you cannot recover if you are more than 50 percent responsible. Our guide to the Texas 51% comparative fault bar explains how fault is divided.
How long do you have to file a car defect claim in Texas?
Two deadlines apply. Most personal injury claims must be filed within two years under Tex. Civ. Prac. & Rem. Code § 16.003. Product claims also face a statute of repose under § 16.012, which generally requires a products liability action to be filed within 15 years after the defendant sold the product, with limited exceptions such as a written warranty of a longer useful safe life. On an older vehicle, the repose deadline can bar a claim even when the crash was recent. Our Texas personal injury statute of limitations guide covers both.
What injuries do these cases involve?
When brakes fail on I-37 or a tire separates on SPID, crashes happen at speed and with little warning. Rollovers, underride crashes and airbag failures often cause catastrophic harm, including traumatic brain injuries, spinal cord damage and fractures. Those injuries can require years of care, which is why product cases are often worth pursuing even though they are complex and expensive to build.
When should you call a lawyer?
Call as soon as you suspect a mechanical failure, and before the vehicle is repaired, sold or released to an insurer. Product cases are won or lost on evidence that can disappear within weeks. A lawyer can send preservation letters, arrange an inspection and identify every party that may share responsibility.
Founded in 1960, The Burkett Law Firm represents injured people throughout Nueces County and the Coastal Bend from its office on South Tancahua Street in downtown Corpus Christi. Lead attorney David Burkett is Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization. Our Corpus Christi car accident lawyers can bring in engineers and reconstruction experts when a defect is suspected. You owe no attorney’s fee and no case costs unless the firm recovers compensation for you. Call (361) 882-8822 or contact The Burkett Law Firm for a free consultation, ideally before the vehicle leaves your control.
Reviewed by David Burkett, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization
