When an auto manufacturer is accused of knowingly ignoring a vehicle or part defect, they're obviously not going to raise their hand and say, "Yep, you got us. We lied about that defect." The burden then falls on anyone injured by one of those defects to prove the company knew about the problem but failed to fix it. Most people won't know how to go about that, though, and many people who call us ask: "How do I prove an automaker knew about the defect that caused my accident?"

Answer: Accident victims who want to show that an automaker knew about the defect that hurt them must obtain clear evidence not only that the company was informed of the issue, but also that it took no corrective action.

As with most personal injury and product liability litigation, evidence is key. In this article we'll talk about what forms of evidence are useful for proving an auto manufacturer failed to make a safe product.

Sources of Evidence

If an injured victim or their attorney wants to prove that an automaker knew about a defect but didn't do anything about it, they would most likely search for documented information that shows the company's awareness of the issue. Some of the most common places to look include:

Internal Documents

Even if a company doesn't share information with the public, they often create a small mountain of internal memos and reports about issues with their products. Anyone from line workers to engineers might become aware of a serious problem and tell a manager, who tells their manager, all the way up the chain to an executive—who decides that the best thing to do is pretend they never heard anything about it. A memo circulates telling everyone to zip their collective lips, and business continues on as normal.

When it's time to investigate the company for inaction on a defect, all those memos and emails can expose that a problem occurred and no one sought to remedy it. Obviously, it's more difficult for a manufacturer to argue there wasn't a problem, when their own communications show otherwise.

Recall History

In fairness to automakers, most take action when they learn about their defective parts or cars—usually by recalling them for replacement or repair. That's where the positives stop, though, as a model with multiple recalls might mean the company didn't put it through appropriate testing or quality control before putting it on the market.

Also, multiple models from the same company might have similar components from the same part manufacturer. For example, if one model with a bad fuel pump was recalled, but another with the same pump (or one like it from the same source) wasn't, that could mean the auto company should have known the second model could have the same issues. If that model isn't reviewed or recalled, any damage it causes is arguably due to corporate negligence.

Complaint Records

Word of mouth (or in the age of the internet, word of fingers) can be a powerful source of information about the quality of a vehicle. If a defective model has a high number of consumer complaints, warranty claims, or service reports, that long paper trail would inevitably catch the company's eye—meaning they couldn't say they were unaware of the problem.

Expert Testimony

Forensic investigators and industry experts are often brought in by attorneys to testify about the alleged defects of a vehicle. Some experts will examine the vehicle after a crash to learn more about what exactly went wrong, while others might use their insider knowledge of company practices to show how the defect was covered up or "spun" to seem less dangerous. Given their training and experience, their word in court can go far in convincing a jury that a defect was obvious and should have been addressed.

Whistleblowers

Whistleblowers can be a game-changer in cases against auto manufacturers because they provide firsthand accounts of what was happening inside the company. These are usually current or former employees—such as engineers, safety inspectors, or executives—who come forward with information showing that the company knew about a defect but chose to ignore, downplay, or even cover it up.

For example, a whistleblower might testify that they warned management about a faulty airbag that could fail in a crash. They might have emails, internal reports, or meeting notes to back up their claims. Sometimes they even reveal pressure tactics used within the company, like bosses telling engineers to “find a workaround” rather than issuing a costly recall. Adding that insider information to a case can be a strong blow to any corporate defenses.

Regulatory Investigations

Regulatory investigations can be useful evidence in cases against auto manufacturers because they show that government agencies were aware of and looking into a defect. It's much harder for a company to hand-wave away a potential issue when a federal agency gets concerned enough to start snooping.

Here in the U.S., the National Highway Traffic Safety Administration (NHTSA) is the main agency responsible for investigating vehicle safety issues. If they open an investigation into a suspected defect, that strongly suggests the issue is serious enough to warrant careful attention.

Get as Many as Possible

Each of the sources mentioned above could be useful in an auto liability case. Individually they might not be enough to convince a jury, but together they can paint a much clearer picture of a company that knew of a serious problem and didn't act—which is why the company wouldn't willingly provide access to any of them.

Grossman Law Can Help

Outlining the kinds of evidence an accident victim needs to pursue a case is one thing, but there's also the serious question of how they might get that evidence. Unfortunately, many of the most powerful tools for that aren't necessarily within reach for an average accident victim. Anyone can go online to check for recalls, for example, but that same person may not have the resources to summon a panel of experts, locate and depose witnesses and whistleblowers, or subpoena a company to make it hand over sensitive documents.

An experienced product liability attorney has the connections and knowledge to round up all the evidence we talked about before, and assemble it into a strong case against a manufacturer. The Texas attorneys at Grossman Law Offices have decades of experience helping people who were hurt in many kinds of accidents, including ones caused by defective vehicles. If you were hurt or lost a loved one in an accident, our attorneys are available 24/7 for a free and confidential consultation.