How Car Recalls Could Interfere with Liability After a Crash

Damaged in heavy car accident vehicles after collision on city street crash site.

Vehicle recalls happen more often than most people realize. Millions of automobiles, trucks, and sport utility vehicles are recalled each year because of safety defects that range from faulty airbags to faulty brakes. The companies recall the vehicles when they discover a vehicle or any component of the vehicle poses an unreasonable threat to safety. Although the recalls are intended to protect drivers, when an accident does occur, they also raise major legal issues.

If a recalled defect leads to a crash, it will change how liability is determined and who is liable. For accident victims, understanding the role of recalls in personal injury claims will allow them to receive maximum compensation for damages and injuries. Victims should also contact an experienced attorney, like the attorneys at Friedman, Domiano & Smith.

What Is a Vehicle Recall?

A vehicle recall takes place when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) finds a defect that threatens safety. Recalls can fix problems with:

Defective airbags that do not deploy in time or at all.
Brakes that do not function under certain conditions.
Suddenly malfunctioning seatbelts that do not hold occupants in place as they should.

Defective electrical systems that increase the possibility of fires.
Tires that are prone to blow.

When a recall does occur, the car owners are notified and typically given free work or replacement. Owners do not always report to a notice of a recall, and at times a defect can remain unfixed for months or even years.

How Recalls Apply to Car Crashes

When a vehicle with a thoroughly documented flaw is involved in an accident, the recall could be the litmus test when determining liability. The issue here is whether or not the flaw caused the wreck or aggravated the injuries sustained. For example:

A recalled faulty braking system can fail, causing the driver to lose control of stopping in time.
A defective airbag fails to inflate, resulting in more serious injuries than otherwise would have occurred.
A recalled steering component may shatter, and the driver loses control of the vehicle.

These events can be used as evidence that the manufacturer was aware of the flaw and that the flaw was responsible in part for the accident.

Who Can Be Held Responsible for Recall-Related Accidents?

Multiple entities may be liable when a defect recall contributes to a crash:

The Vehicle Manufacturer

Manufacturers are generally responsible for designing and making safe vehicles. Where there was a defect at the time of sale, the manufacturer can be held liable for damages, particularly where the recall notice was made prior to the crash.

Parts Manufacturers

If the flaw can be attributed to a faulty part, then the firm that produced the component can also be faulted. For example, in the Takata airbag recall situation that involved millions of automobiles, the firm that produced the airbags was bombarded with huge lawsuits.

Dealerships or Repair Shops

In case a dealership or repair facility failed to fix a recall defect upon demand, they could also be faulted.

Drivers

In some cases, drivers will bear responsibility if they ignored notice of recall for so long and continued to drive the hazardous vehicle. However, manufacturers’ negligence takes precedence over a driver’s negligence since the defect existed before the recall notice was posted.

The Role of Product Liability Law

Recalled vehicle accidents typically fall under product liability law. In such a legal situation, manufacturers and retailers can be held responsible for defective products causing harm. There are three categories of product defects:

1. Design Defects: Product design flaws in the vehicle or component that render it dangerous.

2. Manufacturing Defects: Production mistakes that make certain vehicles or components defective.

3. Failure to Warn: Inadequate instructions or warnings for known dangers.

A recall is also proof that a manufacturer was aware of a defect, which helps establish product liability more easily.

Challenges with Recall-Related Claims

Recalls help a victim’s case but also create challenges:

Issues of Causation: The victims must prove that the defect directly resulted in the crash or injuries. Just because a vehicle was in recall status does not necessarily mean that the defect caused the accident.
Recall Timing: If the recall took place after the accident occurred, it will be difficult to prove that the manufacturer should have known of the defect at some earlier time.
Failure to Fix: Insurers and manufacturers may plead that the driver was negligent not to fix a recall in a timely manner. Victims must establish that the defect was there irrespective of whether they had heeded the recall notice.

These arguments underscore the need for solid evidence and expert witness statements in recall cases.

Evidence Favoring Recall Cases

To succeed in a case of a vehicle that has been recalled, victims need effective evidence. Useful forms of evidence include:

Vehicle Identification Number (VIN) Records: These show whether the car was included in a recall.
Maintenance and Repair Records: Proof that the defect was not fixed before the accident.
Accident Reconstruction Reports: Scientific examination can connect the defect to the cause of the accident.
Manufacturer Documents: Company memos may show when the company initially learned of the defect.
Medical Records: Records that link the severity of the injuries to the failed safety feature, e.g., an airbag. Such a record can be used as the basis for establishing the recalled defect as the primary cause of the crash.

Typically Associated Injuries of Recalled Defects

Failed vehicle parts result in severe injuries. Some examples include:

Airbag failure traumatic brain injuries.
Malfunctioning seatbelt system resulting in spinal cord injuries.
Electrical system defects causing burn injuries.
Brake and steering malfunctions leading to internal injuries and fractures.

These types of injuries can require expensive medical care, which is why receiving fair compensation is most important to victims and their loved ones.

How Lawyers Help with Recall Cases

Because recalled product accidents are likely to put victims in opposition to giant manufacturers and insurers, legal assistance is invaluable. Attorneys are capable of:

Investigating whether a recalled defect caused the accident.
Gathering evidence such as recall notices, repair history, and expert testimony.
Gather all possible defendants, ranging from manufacturers to part suppliers and dealerships.
Handle negotiations with insurance firms that refute or devalue claims.
Turn to litigation, if the need arises, to hold manufacturers liable.

Through handling negligence as well as product liability concerns, attorneys can recover higher compensation for victims.

Recalls for cars are designed to save drivers, but when a defect leads to a crash, they make fault challenging. The manufacturers, parts suppliers, dealerships, and even drivers themselves can all be at fault in these situations. Crash victims have to provide good evidence, expert analysis, and in many cases, seasoned representation to prove that a recalled defect caused or made injuries more severe.

By holding negligent producers accountable and recovering the full value of an injury claim, victims can obtain the money they need to recover from the life-altering effects of a recall-related accident.