Vehicle recalls are safety measures taken when a car manufacturer or The National Highway Traffic Safety Administration (NHTSA) identifies a defect that could pose a risk to drivers, passengers or others on the road. Just recently, the NHTSA began looking into possible engine problems in about 1.4 million Honda and Acura vehicles. This comes after Honda called back around 250,000 cars last year for similar issues.
If you own a car, understanding how recalls work can help avoid accidents. In some cases, it can even help you if you need to seek compensation for injuries or damages caused by a faulty car part.
How can a recall affect liability claims?
A recall can strengthen a product liability claim by showing that a manufacturer recognized a defect in their product. However, a recall doesn’t automatically guarantee you’ll win a lawsuit. You still need to show that:
- The defect directly caused your injury or damage: It should be clear that the part or issue that led to the recall was the reason for your accident or injury. This often requires expert testimony to establish causation.
- You were using the car as intended: If you were misusing the vehicle or using it in a way not intended by the manufacturer, it could affect your claim. This means you were driving normally and following traffic rules.
- You didn’t modify the car in a way that contributed to the problem: Any modifications or repairs you made to the vehicle could impact liability. This includes adding non-standard parts or altering the engine. If these changes contributed to the incident, it might reduce the manufacturer’s responsibility.
The timing of a recall can also significantly impact a liability case. If a recall is issued before an accident occurs, it shows the manufacturer was aware of the problem and took steps to address it. In this case, your failure to respond to the recall could weaken your claim.
However, if a recall is issued after your accident, it may strengthen your case by demonstrating that the defect was widespread and serious enough to warrant a recall. The timing can also affect how a court views the manufacturer’s knowledge and response to the defect.
Get the clarity you need
Figuring out what to do after an accident is already difficult enough without recalls adding another layer of complexity. An attorney can help provide a clear picture of your next steps.
