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Motor vehicle defect law in Texas covers issues arising from cars, trucks, motorcycles, or other vehicles that are found to have mechanical, electrical, or structural defects which can compromise safety or performance. Defective vehicles can cause accidents, injuries, and property damage. Texas law provides certain protections and sets procedures for consumers who face these issues, including avenues for seeking compensation or having a defective vehicle repaired or replaced. In Texas, these laws often intersect with consumer protection statutes and product liability principles, ensuring that manufacturers and sellers are held accountable for defects that cause harm.
Dealing with a motor vehicle defect case can be complex. You may need a lawyer if you are experiencing any of the following situations:
Legal professionals can help evaluate your case, gather evidence, communicate with manufacturers, and represent you in negotiations or in court, maximising your chances of a fair outcome.
Texas has specific laws that address motor vehicle defects. The Texas Lemon Law, administered by the Texas Department of Motor Vehicles, is designed to protect consumers who purchase or lease new vehicles that turn out to have repeated, unfixable problems. Under this law, if a vehicle meets certain criteria, the owner may be entitled to repairs, a replacement, or a refund. Additionally, general product liability laws allow individuals to seek damages if a defect in a vehicle leads to injury or loss, encompassing defective design, manufacturing errors, or inadequate warnings.
It is important to note that the Texas Lemon Law applies mainly to new vehicles, though some protections extend to demonstrator vehicles and those still under manufacturer warranty. Timing and documentation are crucial, as there are deadlines for filing complaints and strict recordkeeping requirements. Texas also follows the general principle that manufacturers must act with care to ensure their products are safe for intended use, and sellers can also bear responsibility.
A motor vehicle defect is any condition or malfunction in a car, truck, or similar vehicle that significantly impairs its use, market value, or safety. Common examples include faulty brakes, airbags, engines, or electrical systems.
Generally, the Texas Lemon Law applies to new vehicles. However, certain used vehicles may qualify if they are still under original manufacturer warranty, or if they are recent demonstrator models.
Document every repair attempt and communication with the dealer or manufacturer. Texas law often requires multiple repair attempts before a vehicle is considered a "lemon." You should seek legal advice if the problem persists.
Typically, the defect must be subject to four repair attempts for the same issue, or the vehicle must be out of service for 30 days or more due to repairs during the first 24 months or 24,000 miles, whichever comes first.
Depending on the situation, you may be entitled to either a replacement vehicle of comparable value or a refund of the purchase price, minus reasonable allowances for use.
A recall is issued by a manufacturer or federal agencies when a defect affecting safety or compliance is detected in a certain vehicle model. Recalls often lead to free repairs, but they also serve as evidence of a known defect in legal claims.
Yes, you generally must file a complaint within six months after the earlier of the expiration of the express warranty term, 24 months, or 24,000 miles following the date you received your vehicle.
Yes, if you or a loved one were injured due to a vehicle defect, you may be eligible to file a product liability or personal injury lawsuit for compensation.
While not required, having an attorney experienced in motor vehicle defect law can improve your chances of success, help you navigate the process, and ensure your rights are protected.
Possible compensation includes repair costs, replacement or refund of the vehicle, medical bills for injuries related to the defect, lost wages, and in some cases, punitive damages.
If you need more information or assistance, consider reaching out to the following organizations and agencies:
If you believe you have been affected by a motor vehicle defect in Texas, start by gathering all documentation, including repair orders, warranty information, purchase receipts, and any communication with manufacturers or dealers. Next, review your eligibility under the Texas Lemon Law and consider contacting the Texas Department of Motor Vehicles to file a formal complaint if your vehicle qualifies.
If you are unsure about your next move or face resistance from the manufacturer or seller, consult with a lawyer experienced in motor vehicle defect cases. Legal professionals can help evaluate your situation, file claims on your behalf, and represent you in negotiations or court proceedings. Acting promptly is important, as time limits apply to most claims. Taking these steps can help you protect your rights and ensure you receive the compensation or remedy you deserve.
