If you drive a 2016-2018 Chevy Malibu, you could be at risk for serious injury. A class action lawsuit was filed against General Motors alleging that the electronic throttle controls and/or accelerator pedal position sensors are defective, causing the cars to abruptly lose power while they are being driven. It further alleges that GM knew about potential defects in their vehicles, and sold/leased those vehicles anyway, despite the risks. The Alabama products liability attorneys from Mezrano Law Firm are currently reviewing cases against GM for defective Chevy Malibu vehicles. Please contact us for more information.
The 2016-2018 Chevy Malibus use an electronic throttle system, containing an electronic sensor in the accelerator pedal (AKA, the gad pedal). In older models, this sensor was mechanically linked to the throttle system, but the newer models have the newer technology.
The problem with the newer Chevy Malibu cars is that the throttle/sensor combination doesn’t always work. This causes the car to abruptly slow down, even when traveling at high speeds. The deceleration is accompanied by an alert reading “Engine Power Is Reduced.”
This is incredibly dangerous, because there is no warning. If a person is traveling along a highway at 65mph and the throttle/sensor suddenly causes the car to drop to 20mph, that driver could be hit by another car whose driver cannot physically stop or move in time. It can also cause the person driving the defective Chevy Malibu to lose control to the car.
The class action lawsuit alleges:
“GM sold, leased, and continues to sell and lease the Class Vehicles despite its awareness of the defect. GM chose and continues to choose financial gain at the expense of consumers by concealing and omitting a disclosure of this critical powertrain component and potential safety hazard to consumers who purchase or lease Class Vehicles.
Despite its knowledge, GM has failed to recall the inherently dangerous electronic throttle control and/or accelerator pedal position sensors or reimburse vehicle owners for the inevitable failure of this critical part.”
The lawsuit goes on to say that GM has still not issued a recall, offered to replace the defective parts, nor offered to reimburse people who have already had the defective parts replaced. Furthermore, it cites the National Highway and Traffic Safety Administration’s data that “scores of complaints consistent with the symptoms of the Engine Power Reduced defect in Class Vehicles” were reported to GM – and still, GM failed to warn potential customers, or disclose the information.
If you own or lease a 2016-2018 Chevy Malibu, and has experienced an abrupt loss of power, and/or replaced a defective throttle/sensor system in your car, then you could be eligible to join the class action.
But should you?
Class actions can take longer to settle, the amount of money you are entitled to receive may be less than you expect. However, in general, class actions are fairly easy to join, and you won’t have to pay anything to join one. As the class has just been filed, there is still time to join. Class actions often have better odds at success, too.
If you decide not to join a class, you can file a product liability lawsuit against GM. This might be the better option for you if the sudden deceleration of your Chevy Malibu lead to a car accident in which you sustained injuries. This is because in a class action, every member alleges the same thing. As such, you cannot collect damages for any personal injury or trauma.
But in a product liability lawsuit, you can. If a defective Chevy Malibu part caused you harm, you can make a claim for:
If your loved on was killed as a result of the defective auto part, you can file a wrongful death lawsuit, and make a claim for punitive damages, instead. Wrongful death lawsuits and product liability lawsuits generally have a two-year statute of limitations, so it’s important to contact an Alabama injury lawyer right away if you think you have a claim.
Your rights are protected in Alabama, not only under our civil statutes for injury claims, but also under our “lemon law” statutes. This is true whether you file an individual lawsuit or as part of a class. At Mezrano Law Firm, we help serious injury victims seek the justice they deserve, and the compensation they need, in order to start the healing process.
Mezrano Law Firm is proud to represent Alabama injury victims in their quest for justice. If you drive or lease a 2016-2018 Chevy Malibu, you could be entitled to compensation for any injuries you sustained, and any costs you incurred replacing a defective electronic throttle/pedal sensor system. To learn more about making a claim, or to find out if you are eligible to join a class action, please call 205-206-6300 or fill out our contact form. Mezrano Law Firm maintains offices in Birmingham, Mobile, Montgomery, Florence, Gadsden, and Tuscaloosa.