When Car Accidents Are Caused by Recalled Cars?

September 14, 2023

Anyone who has ever owned a car has probably received a recall notice at some point in time. This happens when the vehicle has a safety issue, and the owner is usually directed to have it repaired. Some people do not get the needed repairs, so car accidents can be caused by recalled cars. It can also happen when the manufacturer does not address the defect or fails to send notices.

How Does Vehicle Recall Work?

It may be surprising to learn that millions of vehicles get recalled yearly, and the process starts when a safety issue is identified. The National Highway Traffic Safety Administration (NHTSA) manufacturer initiates the process – the most common recalls are for tires, airbags, and other vehicle equipment.

The notice should include the vehicle’s make, model, and year, a description of the defect and its risk, and instructions for fixing it. Vehicles need to be returned in extreme cases, but that does not happen often. The repairs should not be charged, but it can take days, weeks, or longer to complete them. If you think your vehicle has one, check the NHTSA website.

What if My Car Was in an Accident Because of a Defect?

If your vehicle manufacturer or the NHTSA issued a recall that you did not attend to and the car caused an accident, you could be held responsible for the damages. Do not ignore these notices and have the repair completed as soon as possible. Otherwise, the manufacturer will likely claim that they are not responsible.

When recalls are not issued or arrive too late, plaintiffs may be able to build more substantial cases. The following evidence will be necessary, whether you or someone else was driving:

• Any factors impacting the vehicle owners’ ability to fix the defect, like a lack of auto parts and service availability.
• How the company offered to repair the defect.
• How the recall was communicated to the public and vehicle owners.
• Road conditions that may have caused the crash.
• The date of the accident and where it occurred.
• The date the recall was issued and the defect’s safety risks.
• It is not unusual for defective vehicles to be recalled after accidents; manufacturers often learn of these problems after many crashes.

Who Will Be Held Liable for My Recalled Car Accident?

You could be held accountable for this accident if you ignored a recall notice because that could be considered negligence. The same thing could happen to another driver behind the wheel of a recalled vehicle that caused the crash. These claims can become complicated when multiple parties share responsibility. Depending on the evidence, Drivers, cars, and parts manufacturers might all have some liability.

Those companies are legally bound to identify design and manufacturing problems and notify vehicle owners. They also need to provide safety information to help consumers. In a recalled car accident case, you and your legal team might also decide to initiate claims against the car dealership, distributors, and other retailers.

Contact a Wilmington Car Accident Lawyer at Jacobs & Crumplar, P.A. Today

Recalled car accident claims are challenging, but a skilled Wilmington car accident lawyer at Jacobs & Crumplar, P.A. can help. To learn more, complete our online form or call 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients in Dover, New Castle County, and Sussex County.