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After a car accident happens, people typically assume that someone was negligent. It certainly is a common reason, but not the only one. Other causes include icy roads, manufacturer defects, and recalls. Who would be liable when a recalled car causes an accident, though?
Why Are Cars Recalled?
A motor vehicle recall is initiated when a vehicle manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a safety-related defect or non-compliance with federal safety standards. These issues can range from faulty brakes to defective airbags.
Here are a few auto recalls from the past 20 years:
- Inherent fire risks with BMWs and Mini-Coopers
- Tread separation issue that caused rollovers in the Ford Explorer’s Firestone tires
- Exploding airbags in Honda Takatas
- Dangerous ignition switch problem in GM ignitions
- Unintended acceleration in Lexus models
How Do Recall Notices Work?
Millions of cars and trucks are recalled every year in this country for a broad range of defects. The notices can be emailed or sent through regular mail and should include a description of the problem, its risks and warning signs, and an explanation of how it will be addressed.
Recall notices also include the steps for fixing the defect; manufacturers are required to replace, repair, or offer a refund for the vehicle or the parts at no charge within a reasonable time frame.
Am I Liable After a Recall Notice?
Once a company issues a recall, some of the responsibility shifts to the car’s owner. If you receive a recall and do not follow the instructions in a timely manner, you might share responsibility for any injuries or property damage incurred in a crash.
To identify who is liable, your lawyer will investigate:
- When you or the other party involved received notification of the recall.
- Whether the recall notice sufficiently warned about the vehicle’s defects and dangers.
- If you or the other party tried to comply with the recall.
Could the Manufacturer Be Held Liable?
A manufacturer might be held liable in cases where recalled vehicles cause accidents due to identified safety defects. They have a legal obligation to ensure that their vehicles meet safety standards and to promptly address any safety issues through recalls. Failing to do so can make them the target of legal action.
Remember, the owner of the recalled car may also bear some responsibility, especially if they were aware of the recall and did nothing about it. Ignoring a recall notice and continuing to drive a defective vehicle could be looked at as negligence.
How Does Comparative Negligence Factor In?
In New Jersey, modified comparative negligence is a legal principle that can apply to personal injury cases to assess fault when more than one party is involved in an accident. An injured party can still recover damages even if they were partly at fault for the accident, as long as their level of fault is not over 50 percent. If they were responsible for less than that, their compensation would be reduced by that percentage.
Seek Legal Guidance About a Recalled Car Accident From an Atlantic City Car Accident Lawyer at D’Amato Law Firm
If you were involved in a car accident caused by a recalled vehicle, contact a knowledgeable Atlantic City car accident lawyer at D’Amato Law Firm. We offer free case evaluations and can fight to protect your rights. Submit our online form or call our Egg Harbor Township, New Jersey, office at 609-926-3300. We serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.