A car accident lawyer usually pursues a negligent driver, while an auto defect lawyer pursues a company over a defective vehicle or part. One crash can involve both. If a brake, tire, airbag, seat belt, or roof may have failed or made injuries worse, a product claim may exist along with a claim against a driver.
These cases rest on different law and different evidence. This guide explains how to tell them apart, which signs can point to a defect, and why the vehicle itself matters.
Key Takeaways
- A crash can involve both a negligent driver and a defective part.
- Product claims can rest on strict liability, while driver claims rest on negligence.
- Comparative negligence applies differently to each type of claim.
- Repairing, selling, or scrapping a vehicle can destroy evidence.
- Nevada generally allows 2 years to sue for personal injury.
What Is the Difference Between the Two Claims?
| Issue | Car accident claim | Auto defect claim |
|---|---|---|
| Who is pursued | A driver, and sometimes an employer | A vehicle or parts company |
| Main theory | Negligence | Strict liability, negligence, or warranty |
| Key evidence | Police report, witnesses, photos | The vehicle, expert inspection, company records |
| Comparative negligence | Can apply under NRS 41.141 | Not applied to strict products liability |
See what a car accident lawyer does and how defective product claims work.
What Signs May Point to a Vehicle Defect?
- Brakes or steering that failed without warning
- A sudden, unexplained loss of control or acceleration
- A tire that came apart
- An airbag that did not deploy or deployed unexpectedly
- A seat belt that failed
- A roof that collapsed in a rollover
- A fire after a minor impact
- A recall or safety complaint about the same issue
These signs do not prove a defect, but they can be reasons to have the vehicle inspected.
What Do Nevada Cases Say About Vehicles?
- Ford Motor Co. v. Trejo (2017) involved the roof of an SUV in a rollover. The court held that proof of a safer alternative design is not required in a strict liability design defect claim.
- Stackiewicz v. Nissan Motor Corp. (1984) involved a passenger car. The court said proof of an unexpected, dangerous malfunction may suffice to establish a prima facie case of a defect.
- Jeep Corp. v. Murray (1985) said post-accident remedial measures may be admitted in a strict liability action, subject to the court’s discretion to exclude them.
Can You Claim Against Both a Driver and a Manufacturer?
You may be able to. A driver may have caused a crash, and a defect may have caused or worsened the injuries. The rules can differ by claim. In Young’s Machine Co. v. Long, the Nevada Supreme Court refused to apply the comparative negligence statute to strict products liability, while a negligence claim against a driver can be subject to comparative negligence under NRS 41.141. A company may still argue that the injured person’s conduct was the sole cause of the injury. A driver sued for negligence may be responsible only for that driver’s share, and a lawyer can explain how the claims fit together.
That difference can matter if you were rear-ended or your own driving is questioned.
Why Does the Vehicle Matter So Much?
The vehicle is usually the most important evidence in a defect claim. Once it is repaired, sold, or scrapped, inspection may be impossible. An insurer may move quickly on a total loss, so it can help to talk with a lawyer about preservation before the vehicle leaves your control. Vehicle event data and damaged parts can also be useful.
How Can You Check for a Recall?
You can search your 17-character VIN on the NHTSA recall page. The VIN is on the lower left of the windshield and on your registration card. NHTSA also accepts complaints about possible safety defects. A recall is not required for a claim. See uninsured motorist coverage if a driver involved also lacks insurance.
What Is the Deadline?
Nevada generally allows 2 years to sue for personal injury under NRS 11.190(4)(e), and 3 years for injury to personal property under NRS 11.190(3)(c). Exceptions can apply. For serious injuries, see car accident head injuries in Nevada.
Talk With a Nevada Defective Product Lawyer
Vaksman Khalfin, PC handles Nevada defective product claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada defective products page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/05/2026
Frequently Asked Questions
An auto defect lawyer investigates whether a vehicle or part was defective, works with experts, and pursues claims against companies responsible for it. The work often involves preserving the vehicle and reviewing company records.
You may be able to if a defect caused the crash or your injuries. You would generally need to show a defect, that it existed when the product left the defendant's hands, and that it caused the harm.
That may still be worth reviewing. A failed airbag, seat belt, or roof can raise questions about the injuries, even when another driver caused the crash. A lawyer can explain how this applies.
Repairs can destroy evidence. Before repairing, selling, or releasing a vehicle, it can help to ask a lawyer about preserving it, while also following any safety advice.
