According to the National Highway Traffic Safety Administration’s website, a recall is issued when a manufacturer or NHTSA determines that a vehicle or vehicle equipment is not in compliance with a Federal Motor Vehicle Safety Standard. If your vehicle or its equipment has been involved in any safety-related recalls, the manufacturer likely offered to repair or replace the defect in your vehicle and you were able to continue driving it. However, what if the vehicle defect caused an accident or an injury to yourself or a passenger? Do you have any rights if the incident occurred after the recall?
The attorneys at Moraitakis & Kushel, LLP have experience with product liability cases including those involving automobile defects, car parts, tires, brakes, fuel lines, and airbags and more. The below article provides additional information on vehicle defects and safety recalls and what you can do if a vehicle defect causes an accident or injury.
What is a Vehicle Safety-Related Defect
A safety-related defect in a vehicle is a problem with the vehicle or it’s equipment that poses a risk to motor vehicle safety. Some examples of vehicle defects that could result in a safety recall include:
- Accelerator controls that break or stick
- Wheels that crack or break possibly resulting in loss of control of the vehicle
- Problems with the wiring system that result in fires or loss of lighting
- Steering components that suddenly break causing loss of control of the vehicle
- Airbags that deploy outside of the conditions for which they are intended
- Windshield wiper assemblies that fail to operate properly
What Happens When a Safety Recall is Issued
The majority of safety recalls for vehicle defects are initiated by the manufacturer. In the instance of a recall, manufacturers are required to fix the problem by repairing your vehicle, replacing the vehicle if the issue cannot be repaired, offering a refund or sometimes even repurchasing the vehicle. You should be notified of any recalls by first-class mail. The communication you receive should give instructions on how to correct the problem.
What to do if You’re Injured by a Defect After the Recall
If you, or a passenger in your vehicle, is injured due to a vehicle defect, even if the injury occurs after a recall has been issued, you may have reason to pursue a product liability suit claim. If you were using the vehicle in the manner intended by the manufacturer and the vehicle was defective when you purchased it, you may be able to seek to recover damages for expenses related to your injury.
Of course, it is always best to stay on the lookout for any safety recalls to your vehicle or its equipment. The NHTSA recommends checking their website twice a year to keep yourself up to date on any possible safety recalls.
MK Trial Law Can Help with Product Liability Claims
If you have been injured due to a vehicle defect and believe you have a product liability claim, the attorneys at Moraitakis & Kushel, LLP can help. Give us a call at (404) 445-1411 today to set up an appointment for your free consultation. We will be happy to go over the facts of your case with you and assess your chances of success.