A Texas vehicle defect lawyer represents people injured by defective auto parts, safety systems, and recalled vehicles — and the families of those killed when a manufacturer’s defective product turned a survivable crash into a fatal one. At Amaro Law Firm, our attorneys handle defective airbag, tire, brake, fuel system, seatbelt, and advanced driver assistance (ADAS) cases against automakers, parts manufacturers, and their insurers across Texas.
Texas product liability claims are governed by Civil Practice and Remedies Code Chapter 82 and must be filed within two years of injury under § 16.003. The Takata airbag recall — the largest auto recall in U.S. history — covers roughly 67 million inflators in 42 million vehicles and has been linked to 28 confirmed U.S. deaths and at least 400 alleged injuries. Hyundai and Kia have separately recalled millions of vehicles for engine fires. Amaro Law Firm represents Texas vehicle defect victims on a contingency fee basis. You pay nothing unless we win your case.
Compiled by Amaro Law Firm — Texas-licensed trial attorneys serving Houston, Dallas, Austin, San Antonio, and families across Texas.
Call 713-352-7975 for a free, confidential consultation.
If You Were Hurt by a Defective Vehicle, You Are Not Alone
If you are reading this page, you are likely in one of three situations.
You were in a crash that should have been survivable. The airbag did not deploy, or it deployed with excessive force, or the seatbelt failed, or the fuel tank caught fire. You are now in the hospital wondering why a vehicle marketed as safe failed you.
You received a recall notice in the mail, and you are not sure what to do with it. You may have already been driving the vehicle with a known defect for months or years before the notice arrived.
Or a family member was killed. The crash report blames driver error. You believe — or you have been told — that the vehicle itself is partly to blame.
This page answers the questions Texas vehicle defect victims and families ask most often.
Texas Product Liability Law: The Essentials
Five pieces of law shape every Texas vehicle defect case.
Statute of limitations. Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a product liability lawsuit. For wrongful death claims, the two-year clock runs from the date of death.
Texas product liability framework. Texas Civil Practice and Remedies Code Chapter 82 governs product liability claims. Plaintiffs can pursue three theories: strict liability (the product was defectively designed, defectively manufactured, or lacked adequate warnings); negligence (the manufacturer failed to exercise reasonable care); and breach of warranty (the product failed to meet express or implied warranties of safety).
Statute of repose. Under CPRC § 16.012, Texas applies a 15-year statute of repose to products — meaning claims for injuries caused by products more than 15 years old are generally barred. Exceptions apply, including when the manufacturer knew of the defect and concealed it, and when the product’s expected useful life exceeds 15 years.
Comparative negligence. Under CPRC § 33.001, Texas applies a 51% bar rule. You can recover damages as long as your share of fault is 50% or less. Your recovery is reduced by your percentage of fault. Manufacturers routinely argue that the driver’s own conduct caused the injury — defeating that argument is a central part of every vehicle defect case.
Federal preemption. Manufacturers frequently argue that federal motor vehicle safety standards (FMVSS) preempt state-law product liability claims. Texas courts have generally rejected blanket preemption arguments, but the doctrine remains a live defense in many vehicle defect cases.
Types of Vehicle Defects We Handle
Vehicle defect cases fall into several distinct categories, each with its own technical and legal dimensions.
Defective Airbags
Airbags can fail in many ways — failing to deploy, deploying late, deploying with excessive force, or rupturing and ejecting metal shrapnel into vehicle occupants. The Takata recall involves rupturing inflators that have killed at least 28 people in the U.S. and injured hundreds more. Other airbag defects include sensor malfunctions, faulty on-off switches, and side curtain airbags that fail to inflate. Learn more about defective airbag cases.
Defective Tires
Tread separation, sidewall failures, and blowouts caused by manufacturing defects, design defects, or improper aging can cause loss of control and rollover crashes. The Firestone/Ford Explorer recall in the early 2000s killed more than 270 people before the defect was acknowledged. Tire defects remain a significant category of vehicle injury litigation.
Defective Brakes
Brake system failures — including defective ABS components, failed master cylinders, hose ruptures, and brake-by-wire system malfunctions — can prevent a driver from stopping when stopping would have prevented a crash. Many modern brake defects involve electronic stability control and brake-by-wire systems.
Defective Seatbelts
Seatbelt failures include latch release on impact, retractor failures that allow excessive spool-out, and shoulder belts that submarine under the occupant. A defective seatbelt can turn a minor crash into a fatal ejection.
Fuel System Defects and Post-Collision Fires
Fuel tanks that rupture on impact, fuel lines that disconnect, and fuel pumps that continue to operate after a crash can cause fires that kill or severely burn occupants who would otherwise have survived. Ford Pinto-era fuel tank litigation in the 1970s helped establish modern product liability law; modern fuel system cases continue to involve catastrophic burn injuries.
Roof Crush and Rollover Defects
Vehicles that fail to protect occupants in rollovers — through inadequate roof structures, weak A-pillars, or compromised side curtain airbags — produce some of the most catastrophic injuries in product liability law, including high-cervical spinal cord injuries and traumatic brain injuries.
Steering and Acceleration System Defects
Unintended acceleration — the basis for Toyota’s massive settlement in the early 2010s — and electronic steering failures can cause crashes that the driver could not have prevented. Drive-by-wire and electronic throttle control systems remain a developing area of litigation.
Advanced Driver Assistance Systems (ADAS) and Autonomous Vehicle Defects
Modern vehicles include lane-keep assist, automatic emergency braking, adaptive cruise control, and increasingly automated driving systems. Failures of these systems — or the manufacturer’s failure to warn about their limitations — are an emerging category of defect litigation. Learn more about autonomous vehicle cases.
Major Vehicle Defects and Recalls Affecting Texas Drivers
Several major defect campaigns are currently producing litigation across Texas.
Takata airbag recall. The largest auto recall in U.S. history. Approximately 67 million Takata airbag inflators in 42 million vehicles have been recalled. The defect involves ammonium nitrate propellant that degrades over time, especially in hot, humid climates like Texas. Affected vehicles include models from Honda, Acura, Toyota, BMW, Ford, Nissan, Mazda, Subaru, Audi, and many others. NHTSA has confirmed 28 U.S. deaths and at least 400 alleged injuries linked to the defect.
Hyundai and Kia engine fires. Multiple recall campaigns involving Theta II, Nu, and Gamma engines have affected several million Hyundai and Kia vehicles. Defects include oil pump and connecting rod issues that can cause engine fires, often while the vehicle is in motion or parked. A major class action settlement in 2021 addressed economic damages, but personal injury claims for fire injuries continue.
Tesla Autopilot and Full Self-Driving incidents. NHTSA has conducted multiple investigations into Tesla’s Autopilot and Full Self-Driving systems, including investigations of crashes involving stationary emergency vehicles and pedestrian fatalities. Tesla cases involve complex questions about driver inattention, system marketing, and the limits of Level 2 automation.
Historical defects with continuing relevance. The Ford/Firestone tread separation cases (2000s), GM ignition switch defect (124 confirmed deaths), and Toyota unintended acceleration cases established important precedents that continue to shape current vehicle defect litigation.
You can check whether your vehicle has an open recall at nhtsa.gov/recalls using your VIN.
Damages in Texas Vehicle Defect Cases
Unlike Texas medical malpractice cases, product liability cases have no statutory damage caps for non-economic damages, except for punitive damages, which are capped under CPRC § 41.008.
Economic damages cover measurable financial losses: medical bills (past and future), lost wages, lost earning capacity, property damage, rehabilitation costs, and life-care needs for catastrophically injured plaintiffs.
Non-economic damages cover human losses: physical pain, mental anguish, disfigurement, loss of consortium, and loss of enjoyment of life.
Exemplary (punitive) damages are available when the manufacturer’s conduct constituted gross negligence — for example, when internal documents show the manufacturer knew about the defect and concealed it. Under CPRC § 41.008, punitive damages are generally capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
Who Can Be Held Liable in a Texas Vehicle Defect Case
Most vehicle defect cases involve more than one defendant in the supply chain. Potentially liable parties include:
- The vehicle manufacturer — for design defects, manufacturing defects, and failure to warn
- Component manufacturers — for defective airbags, tires, brakes, fuel systems, or electronic components
- The dealership — for failure to perform recall repairs, negligent sale of defective vehicles, or misrepresentation
- Repair facilities — for negligent repair or installation
- Distributors and importers — for breach of warranty and other claims
- Vehicle rental companies — for renting vehicles with known defects or open recalls
Identifying every party in the chain of distribution expands the available insurance coverage and is one of the most important parts of the legal investigation.
How Manufacturers Defend Texas Vehicle Defect Claims
Automakers have decades of litigation experience and well-developed defense playbooks. Understanding the playbook is the first step in beating it.
Driver error arguments. The defense will argue the crash was caused by the driver’s speed, distraction, impairment, or failure to wear a seatbelt — not by any defect.
State-of-the-art defense. Under CPRC § 82.005, a manufacturer may argue that the product complied with the state of the art at the time of design. The defense is often paired with evidence of FMVSS compliance.
Misuse defense. Manufacturers argue the plaintiff misused the vehicle in a way the manufacturer could not have anticipated — a defense that requires close examination of foreseeability.
Federal preemption. Manufacturers regularly argue that federal motor vehicle safety standards preempt state product liability claims. Texas courts have generally rejected broad preemption arguments, but the doctrine remains a live defense.
MDL coordination tactics. When many cases involve the same defect, automakers seek consolidation in federal multidistrict litigation (MDL). MDL practice has its own procedures, expert disclosure rules, and bellwether trial selection processes that benefit from coordinated counsel.
Expert challenges. Manufacturers attack plaintiff experts under Texas Rule of Evidence 702 and the Robinson/Daubert standards, seeking to exclude opinions on defect, causation, and damages.
Quick settlement offers. Insurers offer fast settlements before injury victims understand the full extent of their losses or before defect evidence is fully developed.
Common Mistakes After a Vehicle Defect Injury
Five mistakes hurt vehicle defect cases more than any others.
- Repairing, scrapping, or junking the vehicle. The vehicle itself is the most important piece of evidence in any defect case. Preserve it in its post-crash condition, in a covered storage location if possible, until an expert has inspected it.
- Losing the Event Data Recorder (EDR) data. Modern vehicles record speed, throttle position, brake application, seatbelt status, and airbag deployment data in the moments before a crash. EDR data can be lost when the vehicle is repaired, scrapped, or its battery is disconnected for long periods.
- Giving a recorded statement to the manufacturer’s investigators or the insurance company. Anything you say can be used against the claim.
- Signing a release or settlement document before consulting an attorney.
- Waiting to consult counsel. Vehicle storage, witness availability, and EDR preservation all degrade over time. The manufacturer’s investigators are already working.
How Amaro Law Firm Handles Texas Vehicle Defect Cases
Our process is built around what manufacturer defense teams do — and how to beat it.
Step 1: Investigation. We obtain the crash report, scene photos, witness statements, vehicle history, and any video that captured the crash.
Step 2: Vehicle and EDR preservation. We send formal spoliation letters demanding preservation of the vehicle, the airbag control module, the EDR, and other component evidence. We arrange secure storage and EDR extraction by qualified experts.
Step 3: Defect investigation. We engage automotive engineers, accident reconstructionists, biomechanical engineers, and specialists in the specific defect type — airbag inflators, tires, brakes, fuel systems — to inspect the vehicle and identify the defect.
Step 4: Liability mapping. We identify every party in the chain of distribution that may share fault — manufacturer, component supplier, dealer, repair shop — to maximize available insurance coverage.
Step 5: Damages build-out. We work with treating physicians, life-care planners, vocational experts, and economists to document the full long-term cost of your injuries.
Step 6: MDL coordination where appropriate. Many automotive defect cases involve coordinated litigation in federal multidistrict proceedings. When a case warrants MDL coordination, we work with national MDL counsel to position the case for the best result.
Step 7: Negotiation and litigation. We present a documented demand to the manufacturer. When manufacturers refuse to offer fair compensation, we file suit in Texas state court or in federal court.
Why Choose Amaro Law Firm for Your Texas Vehicle Defect Case
- Trial attorneys, not settlement mills. Our litigators have experience taking cases through state district courts, federal courts, and the Texas Courts of Appeals.
- Resources to take on national automakers. Vehicle defect cases require automotive engineers, biomechanical experts, accident reconstructionists, and significant case investment. We front those costs.
- MDL coordination experience. When a case warrants coordination with national MDL counsel, we connect with attorneys who have specific experience in the relevant litigation.
- Houston-based. Our principal office sits at 2500 E T C Jester Blvd in Houston, with attorneys familiar with Texas state and federal courts.
- No fee unless we win. Our vehicle defect lawyers work on a contingency fee basis. You pay nothing unless we recover compensation for you.
- 24/7 availability. We respond around the clock.
Recent Product Liability and Catastrophic Injury Case Results
[INSERT 3 CASE RESULTS — VEHICLE DEFECT, PRODUCT LIABILITY, OR CATASTROPHIC INJURY — WITH SETTLEMENT/VERDICT AMOUNTS]
Past results do not guarantee future outcomes. Each case is evaluated on its individual facts.
Texas Vehicle Defect FAQ
How long do I have to file a vehicle defect lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a product liability lawsuit. For wrongful death claims, the two-year clock runs from the date of death. A separate 15-year statute of repose under CPRC § 16.012 may apply to products more than 15 years old, with exceptions for manufacturer concealment.
Who can be held liable for a Texas vehicle defect injury?
Most vehicle defect cases involve more than one defendant in the supply chain. Potentially liable parties include the vehicle manufacturer, component manufacturers, the dealership, repair facilities, distributors and importers, and vehicle rental companies. Identifying every liable party expands the available insurance coverage.
How much is a Texas vehicle defect case worth?
There is no average. Case value depends on the severity of injuries, the strength of the defect evidence, the available insurance coverage, and the long-term financial impact. Unlike Texas medical malpractice cases, vehicle defect cases have no statutory caps on non-economic damages. Punitive damages are capped under CPRC § 41.008 at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
What is the Takata airbag recall?
The Takata airbag recall is the largest auto recall in U.S. history. Approximately 67 million Takata airbag inflators in 42 million vehicles have been recalled. The defect involves ammonium nitrate propellant that degrades over time, especially in hot, humid climates like Texas. NHTSA has confirmed 28 U.S. deaths and at least 400 alleged injuries linked to the defect.
What should I do with a vehicle recall notice?
Take it seriously. Contact the dealership listed on the notice to schedule the free repair. If you have been injured by the defect, do not have the vehicle repaired before consulting an attorney — the defect itself is evidence. You can check whether your vehicle has an open recall at nhtsa.gov/recalls using your VIN.
What is the Event Data Recorder (EDR) and why does it matter?
Modern vehicles record speed, throttle position, brake application, seatbelt status, and airbag deployment data in the moments before a crash. EDR data is one of the most important pieces of evidence in any vehicle defect case. EDR data can be lost when the vehicle is repaired, scrapped, or its battery is disconnected for long periods, which is why preserving the vehicle and engaging an expert quickly is critical.
How much does a Texas vehicle defect lawyer cost?
Amaro Law Firm handles Texas vehicle defect cases on a contingency fee basis. You pay nothing unless we win your case. There are no upfront costs and no hourly fees. Our fee is a percentage of the recovery, agreed to in writing before we start.
Can I sue if I was partially at fault for the crash?
Yes, as long as you were 50% or less at fault. Texas follows a modified comparative negligence rule with a 51% bar under Civil Practice and Remedies Code § 33.001. Your recovery is reduced by your percentage of fault. Manufacturers routinely argue that the driver’s own conduct caused the injury — defeating that argument is a central part of every vehicle defect case.
What if a loved one was killed by a vehicle defect?
Surviving spouses, children, and parents may file a wrongful death claim under Texas Civil Practice and Remedies Code § 71.002. Damages may include lost financial support, lost companionship, mental anguish, and funeral expenses. The estate may also bring a survival claim for the decedent’s pre-death pain and suffering and medical bills.
Talk to a Texas Vehicle Defect Lawyer Today
If you or a loved one was hurt in a crash that you believe involved a defective vehicle or auto part, time is working against you. Vehicles get repaired, scrapped, or sent to auction. EDR data degrades. The manufacturer’s investigators are already working.
Amaro Law Firm offers free, confidential consultations. We will review your case, explain your options, and tell you honestly whether we believe we can help. You pay nothing unless we win your case.
Call 713-352-7975 or request a free case review online.