What Happens When a Recalled Car Causes a Car Accident?

Car recalls happen more often than ever, but when they are not given proper attention, significant safety risks are a concern. When a recalled vehicle is involved in a car accident, questions often arise about the cause of the crash and who may be liable.

What Is a Car Recall?

A car recall occurs when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a safety-related defect in a vehicle’s design, manufacturing, or parts. The manufacturer must notify vehicle owners and provide a solution, usually involving repairs or replacement.

Recalls can be voluntary or mandated by the NHTSA, aiming to address defects before they cause accidents. However, not all recalls are effectively handled, and some owners may be unaware of repairs or delay them, increasing the risk of the defect contributing to a car accident.

How Can a Car Recall Lead to an Accident?

A car recall can lead to an accident when the defect that prompted the recall is not properly addressed. Several factors can contribute to this situation. Some vehicle owners may not receive notification of the recall or may be unaware of the severity of the defect. Even when owners are aware of the recall, they may delay getting the necessary repairs due to inconvenience, cost, or unavailability of replacement parts.

Additionally, in some cases, the recall itself may not fully address the underlying issue, leaving the vehicle still at risk of malfunctioning. When a recalled vehicle is not repaired, the defect can persist, and the car or truck may fail to operate as intended. That can cause a loss of control, braking issues, or other problems that increase the likelihood of a car accident.

Who Is Liable When a Recalled Car Causes an Accident?

Determining liability when a recalled car is involved in an accident can be challenging. Liability may depend on various factors, including the nature of the defect, whether the recall was issued, and whether the owner took appropriate action to repair the vehicle. Potential parties that could be held liable include:

1. The Vehicle Manufacturer: If the manufacturer failed to properly address the defect or if the recall was not issued in a timely manner, the manufacturer might be held responsible for the accident.
2. The Vehicle Owner: If the owner was aware of the recall and failed to take action to repair the defect, they might be considered liable for the accident.
3. Automotive Repair Shops: In some cases, a repair shop that was responsible for fixing the defect may be held liable if the repairs were not performed correctly, leading to the accident.

How Is Liability Determined in a Recalled Vehicle Accident?

Determining liability in a recalled vehicle accident involves a thorough investigation of the circumstances surrounding the crash. Several factors may be considered:

• History of the Vehicle: Investigators will review the vehicle’s history to determine if the recall was issued and whether the owner took steps to repair the defect.
• Cause of the Accident: Identifying the specific cause of the accident is critical. If the defect directly contributed to the crash, liability might be assigned to the manufacturer, repair shop, or owner.
• Actions of the Vehicle Owner: The owner’s awareness of the recall and actions taken (or not taken) to address the defect will be examined.

A Skilled Savannah Car Accident Lawyer at Childers & McCain, LLC Can Answer Your Questions About Accidents with Recalled Vehicles

Accidents with recalled vehicles can lead to significant property damages and injuries. Contact a skilled Savannah car accident lawyer at Childers & McCain, LLC for a free consultation. Call 478-254-2007 or submit our online form today. Located in Macon, Georgia, we serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.