A recall notice on a vehicle can play a significant role in a car accident case, potentially helping or hurting a particular claim. As such, it’s important for you to understand how these efforts could potentially strengthen or weaken your case if you’ve recently been involved in a crash and your vehicle – or any other vehicle involved in that accident – was or newly is subject to a recall.
Vehicle recalls are generally initiated when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a car or one of its parts has a defect that poses a safety risk. If a recalled part contributed to an accident, determining liability can become more complex than it ordinarily would. Thus, understanding how a recall might affect your case can help you more effectively navigate the legal process and protect your rights.
For better
If a defective vehicle part contributed to your accident, a recall notice could serve as evidence that the manufacturer was aware of the issue. In cases where an automaker fails to issue a recall or does not notify owners in a timely manner, they may be held liable for injuries caused by the defect. For example, if faulty brakes, defective airbags or a malfunctioning steering system caused a crash, an injured party may have grounds for a product liability claim against the manufacturer.
Additionally, if a recall was issued but a vehicle’s owner did not have the opportunity to get a repair before the accident, they may still be able to pursue a claim. The key factor is whether the defect directly contributed to the crash and whether the manufacturer took appropriate steps to fix the problem.
For worse
A recall notice can also complicate a car accident claim, especially if a vehicle owner ignored the recall or failed to repair the defect. If an automaker sent proper notification and offered a free repair, the vehicle owner may be found partially responsible for an accident caused by the recalled part. Insurance companies and opposing parties may argue that the driver’s negligence in failing to address the recall contributed to the crash, reducing or eliminating their ability to recover damages.
Additionally, if a driver knowingly operated a recalled vehicle without making necessary repairs, it could impact liability decisions. Courts may consider whether a reasonable person would have taken action to fix a known safety issue.
Understanding how a recall may impact your case can help you to make informed decisions about your options. The extent of that impact will be determined based on the circumstances of your situation and whether you or another vehicle owner did or did not take action promptly related to any recall notice that may have been initiated by the time of your crash.
