Vehicle recalls happen regularly, according to the National Highway Traffic Safety Administration (NHTSA), the government agency responsible for issuing national vehicle safety standards. The NHTSA will issue a recall if they determine that a specific vehicle or part of the vehicle creates a safety hazard. Unfortunately, if a vehicle with an active recall is involved in a serious car accident, determining liability can be a complicated process. Depending on the circumstances, a number of parties may be at fault, including the driver of the recalled car or the vehicle manufacturer. If you are involved in a car accident, and the other car was recalled, it is highly recommended that you contact a highly skilled car accident lawyer at your earliest convenience.
What Is a Product Recall?
A car or truck will be recalled if it is unsafe to use. There are four steps that the NHTSA or another government agency will follow to determine whether a vehicle is not safe and that a recall needs to be issued. They include the following:
- The government or the manufacturer identifies a defective product.
- An investigation determines that the vehicle or product does not meet minimum safety standards.
- The company or government agency publicly announces a recall and notifies vehicle owners.
- The company or manufacturer repairs the defect, replaces the part, or reimburses vehicle owners for the product.
Some of the most common safety recalls in recent years have involved airbags, tires, and car seats. For example, Takata airbags caused at least 16 fatalities and hundreds of injuries in the United States.
Who Is Responsible for a Vehicle Recall?
In most cases, if a defective part that was recalled was responsible for causing an accident, the vehicle and part manufacturers will likely be liable for the resulting injuries and property damage. Manufacturers have a legal responsibility to identify product design and manufacturing issues, notify vehicle owners of potential dangers, and provide adequate information to keep consumers safe. In addition to the vehicle manufacturers, other parties may be financially responsible for injuries you sustained in a car accident caused by a defective part. You may also file a claim against retailers, distributors, your dealership, and other parties that failed to protect you from harm.
Who Is Liable for a Car Accident Involving a Recalled Vehicle?
While determining liability in a car accident is fairly straightforward if the at-fault driver was impaired, texting while driving, or engaging in other unsafe driving behaviors that can be easily proven, the process can be a bit more complicated if a recalled vehicle is involved. Several parties may be liable for the accident, including the following:
- At-fault driver: Part of determining liability will be based on the extent to which the defect was responsible for causing the accident. If the defect was partially to blame, but the driver also contributed to the accident by failing to obey the rules of the road or was negligent in some way, proving liability is a complex and time-consuming process that will require a thorough investigation to determine how much the driver’s negligence was to blame versus the vehicle defect.
- Driver of the recalled vehicle: If the driver of the recalled vehicle was aware of the recall and had plenty of time to respond but failed to take the necessary steps to address the issue, they may be liable for the resulting accident. All motorists are responsible for maintaining their vehicles and taking the necessary action if they receive a notice of a recall.
- Vehicle manufacturer: If the defective vehicle or part was responsible for the accident and the manufacturer failed to issue a recall, they will likely be liable for the resulting accident. Pursuing a product liability claim against a large vehicle manufacturer can be a complicated process, and the company likely has a team of high-priced lawyers ready to defend their case. A dedicated car accident lawyer will protect your legal rights and help you navigate the claims process.
- Parts manufacturer: In some cases, the parts manufacturer may be distinct from the vehicle manufacturer. For example, if the vehicle’s tires or battery was produced by a company other than the vehicle manufacturer, you may take legal action against both parties unless you purchased the defective part separately, in which case the manufacturer would probably not be liable.
- Car dealership: The dealership that sold the defective part or vehicle may be liable if it was aware of the recall but did not issue a recall notice or take the necessary steps to address the issue.
How Can I Find Out If My Vehicle Has an Open Recall?
There are several ways to determine whether your vehicle has an open recall. You can check with the vehicle manufacturer to find out if there are any recalls associated with your specific vehicle. You can also contact the dealership that sells your brand of vehicle to see if there are any open recalls. Finally, you can go to the NHTSA website, which has a comprehensive list of open recalls.
The Cincinnati Car Accident Lawyers at Wolterman Law Office Represent Victims of Car Accidents Caused by Recalled Vehicle
If you or a loved one was injured in a car accident involving a vehicle that had an open recall, it is highly recommended that you contact the Cincinnati car accident lawyers at Wolterman Law Office as soon as possible. We will thoroughly review the details of your case, identify the party or parties responsible for addressing the recall, determine who took the necessary steps to repair or replace the defective part, and hold the liable parties responsible for your injuries. To schedule a free, confidential consultation, call us today at 513-488-1135 or contact us online. Our office is located in Loveland, Ohio, and we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.