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Articles Posted in Car Accidents

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jaclou-dl-car-8607713-scaled-e1778816708732In the last couple weeks, the National Highway Traffic Safety Administration (NHTSA) announced that Tesla is recalling 218,868 vehicles in the United States because of delayed rearview camera images that could make a crash more likely. When a car is put into reverse, the rearview camera display in certain models has a delay, which means that there is reduced visibility of objects and people behind the vehicle. If you were injured or a loved one was killed because of an accident involving delayed rearview camera images, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group.

Call Moll Law Group About Your Tesla Claim

The vehicles affected by the recall feature hardware version 3, which Tesla hasn’t produced since January 2024. In its recall notice, the NHTSA pointed out that losing the rearview camera image could increase the chances of a crash, though a driver could check over their shoulder and use their mirrors. There have been no reports of injuries, fatalities, or crashes based on the rearview camera issue. There have been 27 warranty claims and two field reports that might be associated.

The Tesla recall covers the following models: the 2021 Tesla Model Y, 2022 Tesla Model Y, 2023 Tesla Model Y, 2023 Tesla Model 3, 2021 Tesla Model 3, 2022 Tesla Model 3, 2020 Tesla Model Y, 2022 Tesla Model X, 2022 Tesla Model S, 2021 Tesla Model S, 2023 Tesla Model X, 2023 Tesla Model S, 2021 Tesla Model X and 2017 Tesla Model 3.

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car-8607713_640Recently, Tesla recalled certain 2025 Model 3 and 2026 Model Y cars that could lose the capacity to accelerate while driving, due to a battery pack defect that could cause sudden power loss. The United States National Highway Traffic Safety Administration (NHTSA) pointed out that this raises the risk of crashes in a notice it issued about the recall. If you were injured in a Tesla and believe that it was based on a battery pack defect, you should call the seasoned Chicago-based product liability attorneys of Moll Law Group. Billions have been recovered in product liability litigation with which we’ve been involved. We represent clients around the country.

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The recall covers 5,028 2025 Model 3 vehicles made between March 8-August 12, 2025, as well as 7,925 2026 Model Y vehicles that were built between March 15-August 15, 2025. The NHTSA has said that around 1% of the recalled vehicles are estimated to carry the defect.

The problem with the vehicle is that the battery pack contactor is made with an InTiCa solenoid that may suddenly open because of a bad coil termination connection. When the contactor opens while the vehicle is being driven, the driver won’t be able to apply torque to the vehicle using the accelerator pedal. This can cause a loss of propulsion, which in turn may increase the crash risk.

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traffic-7859033_640Recently, Ford recalled 500,000 of its vehicles because of a problem with the hose in the cars’ rear brake system that can cause two models of its cars to experience a rupture that results in leaked brake fluid. The two models of recalled cars are 2016-2018 Lincoln MKX midsize luxury SUVs and the 2015-2018 Edge SUVs. If you were injured in a crash with either of these models, give the seasoned Chicago-based product liability lawyers of Moll Law Group a call. Billions have been recovered in cases with which we’ve been involved.

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Ford has explained that when its flexible brake hose has a leak, a driver may find that there’s an increase in brake pedal travel and an increase in stopping distance, a condition that increases the odds of a crash. When brake fluid gets low, a red brake fluid warning indicator light illuminates. The remedy for the problem with the brake fluid is expected to be available only in April. This is one of several Ford recalls in August—the company attributes the increase in recalls to its commitment to protect consumers, including by doubling its safety and technical expert teams.

If you were injured in a crash that was caused by low brake fluid, you should consult attorneys about whether you have grounds to file a product liability lawsuit. These are lawsuits brought to recover economic and noneconomic damages arising out of injuries from a dangerous and defective product.

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gmc-yukon-truck-wheel-g5fa0c537f_640-300x200Utility vehicles are motorized four-wheeled vehicles used for recreation and driving on rough terrain. Unfortunately, they also have a reputation for being dangerous. Many utility vehicle accidents have resulted in fatalities due to defects in the vehicle. Recently, the Kubota utility vehicle was recalled using the Consumer Product Safety Commission’s fast track process. The recall is being conducted because the floor mats on certain models of the Kubota utility vehicle were found to degrade and warp, and thereby present a danger of interfering with the throttle pedals. If you were injured as the result of a defective Kubota utility vehicle or another utility vehicle, you should give our experienced Chicago product liability lawyers a call. We represent clients around the country who have been harmed by dangerously defective vehicles.

In order to participate in the CPSC’s fast track process, a company needs to be ready to put in place a corrective action plan. This includes a consumer-level recall, such as a replacement, repair, or refund. It needs to be within 20 working days of the initial report of the defect to the CPSC. Sale and distribution of the utility vehicle must stop. In this case, the Kubota was sold around the country from April 2013 through September 2021 for between $21,300 and $22,950.

In order to figure out whether your vehicle was affected, you should check the model number on the data plate on the side of the unit. The recent recall concerns the base model Kubota RTV-X1100C Utility Vehicle. Certain models that have been recalled may include an additional letter after the “C” in the model number. Serial numbers run from 10001 – 67546. If you are a consumer with this vehicle, you should stop using it and get in touched with an authorized dealer.

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Personal injury claims arising out of car accidents usually involve acts of negligence, and they often involve multiple parties. For example, there may be allegations that a driver failed to obey traffic laws, failed to drive safely considering the conditions, or failed to properly maintain the vehicle’s brakes. There also may be allegations that a driver was negligent in responding to another driver’s actions or violated a traffic rule or law.

Depending on the circumstances surrounding an accident, if a driver violated a statute, ordinance, or traffic regulation, it may be considered negligence per se. If so, the driver’s conduct may give rise to a rebuttable presumption of negligence, or it may be considered evidence of negligence. In cases involving multiple parties, each party’s actions may come under scrutiny, potentially reducing the plaintiff’s compensation.

Comparative Negligence

Traditionally, under a different doctrine called contributory negligence, if a plaintiff was found to be partially at fault, the plaintiff could not recover any compensation from the defendant. However, today Illinois follows the doctrine of modified comparative negligence. Under the doctrine of comparative fault, or comparative negligence, a plaintiff’s recovery may be reduced by their own percentage of fault.

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Many car accidents are caused by a driver’s negligence. Often, these accidents involve the negligent driver not paying attention to the road and rear-ending the vehicle in front of them. According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for the majority of all motor vehicle accidents, comprising about 33 percent of all crashes.

Rear-end collisions are simply defined as collisions in which one vehicle collides with the rear of another vehicle. Across the country, over 2,000 rear-end collisions resulted in a fatality, and over 500,000 resulted in an injury. In Illinois, if another driver is to blame, an accident victim may recover damages from any defendant who was more at fault than they were in causing the accident.

Bachelor Star Charged with Causing Fatal Accident and Fleeing the Scene

According to one news source, a former star of the T.V. series “The Bachelor” has been charged with causing a traffic accident that killed a driver and fleeing the scene. Allegedly, the reality show star was driving a pickup truck at around 8 p.m. on a Monday evening in Iowa and rear-ended a tractor. The tractor then rolled over and fell in a ditch. The reality star’s truck fell in a ditch on the opposite side of the road. The tractor driver, a farmer, was taken to the hospital, where he was pronounced dead. He was 66 years old and is survived by his wife, two sons, and three grandchildren.

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In a recent case, the plaintiff brought a personal injury claim against another driver and his company after he was injured in a car accident. The case proceeded to trial, and a jury found in favor of the plaintiff. The jury awarded him $84,283 in economic damages and $40,000 in noneconomic damages.

The defendants argued the award should be reduced, since the plaintiff paid only $1,941 toward his medical expenses, and his insurance had paid the rest. Initially, the trial court agreed and reduced the award to $24,299. It took the original economic damages award and reduced it by the cost to secure the collateral source benefits of approximately $58,000, resulting in the award of $24,299.

However, the state’s supreme court reversed the case on appeal and held the plaintiff’s award should not have been reduced. The court explained that normally, a state statute allowed an award to be reduced if the expenses were paid by another source. But the court further explained that this rule did not apply if the other payer was entitled to reimbursement from the plaintiff. Since in this case, the insurance company had a right to be reimbursed, even if only for a portion of the amount, the award should not have been reduced.

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In a recent case, a plaintiff brought a claim against a city after he was hit by another driver. The man was hit after a woman failed to stop at a stop sign and crashed into his car. The man filed a lawsuit against the woman for negligence, alleging she was negligent in failing to stop. He also alleged the city was negligent for failing to make sure the stop sign was visible.

The woman claimed she did not see the stop sign because it was blocked by a tree, and a police officer who was at the scene also found the stop sign was significantly obstructed. After the man brought the claim, the court granted summary judgment and dismissed the city from the case, finding the city had immunity. The man appealed the decision.

That state’s supreme court reversed the decision and found the city did not have immunity. The man argued the city was liable under a state statute as a local government entity that negligently failed to keep public roads in repair or negligently failed to remove obstructions from public roads. The statute defined a “public road” as a public road, highway, street, avenue, alley, or bridge, but it generally did not include a shoulder, right-of-way, or traffic control device, unless the traffic control device was mandated by the “Ohio manual of uniform traffic control devices.”

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Earlier this month, a California appellate court issued an opinion in a pedestrian accident case, reversing a lower court decision that had declined to apply governmental design immunity. In the case, Gonzales v. City of Atwater, the appellate court found that all three elements of governmental design immunity were met by the defendant, the city that had designed and constructed the intersection where the accident giving rise to the case had occurred.

Government Immunity in General

In all 50 states, government immunity exists in some circumstances to limit a government’s exposure to liability after accidents. The motivating thought behind government immunity is to prevent a government from getting bogged down in defending lawsuits related to the normal functions that a government must carry out on a routine basis. Government immunity does not apply in every situation in which a government employee or entity causes an injury. However, governmental immunity is a hurdle that most personal injury plaintiffs must face when naming a state, local, or federal government as a defendant. A recent case illustrates this concept.

Gonzales v. City of Atwater:  The Facts

Gonzales was killed while crossing the street in an intersection in Atwater, California. Gonzales’ loved ones filed a lawsuit against both the driver of the vehicle that struck him and the City of Atwater. After a jury trial, it was determined that the driver who struck Gonzales was not at fault for the accident, but the City of Atwater was liable. The jury returned a verdict of $3.2 million.

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In a recent case, a passenger sued after she was injured in a car accident. A man had bought his fiancée a van for her birthday. On her birthday, the couple was drinking with some friends, and the man gathered the friends in the van. He then drove the van and crashed it, causing one of the passengers serious injuries. The passenger received compensation for her injuries from the man’s insurance, but she said the amount she received did not cover her injuries and made an additional claim for underinsured motorist benefits. Since the man’s coverage did not cover her expenses, she claimed he was “underinsured,” so she should receive underinsured motorist benefits from her insurance policy and from the driver’s fiancée’s policy.

The insurance company denied the claim at first. The passenger then sued the insurance company, claiming the company unreasonably denied her claim or delayed in paying her. The insurance company eventually paid her additional compensation. However, the passenger still claimed the insurance company unreasonably denied or delayed payment—essentially stating that the company acted in bad faith in doing so.

A federal trial court granted summary judgment in favor of the insurance company, finding it did not unreasonably deny or delay payment. But the passenger appealed, and a federal appeals court reversed the decision, deciding a reasonable jury could find the insurance company failed to reasonably investigate her claim.

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