Car part recalls are usually initiated by manufacturers. They may also be initiated by the National Highway Traffic Safety Administration (NHTSA), usually in cases wherein manufacturers are resisting a need to recall a matter due to concerns about cost and/or liability.
Recalls are generally necessary when a defect or safety issue has been identified in one or more vehicle models, and that defect could potentially pose a safety risk to drivers, passengers and/or others on the road. Recalls are primarily intended to prevent accidents by addressing known issues. Secondarily, they can play a significant role in any car crash cases related to the defect(s) in question.
Liability concerns
One of the key ways that a recall can affect a car crash case is by influencing the determination of liability for any harm caused by the collision at issue. If a vehicle involved in an accident had a known defect that was subject to (or eventually became subject to) a recall, it could shift liability from the driver to the manufacturer. For example, if a car’s brakes failed due to a defect, causing a collision, the manufacturer could be held liable for the accident rather than the driver of the defective vehicle.
However, liability concerns are not always straightforward. If the owner of a vehicle received a recall notice but did not take the car in for repairs, they could be considered partially or fully liable for any accident caused by the defect. Why? The argument could be made that the driver’s negligence in failing to address the recall issue contributed to the preventable nature of the crash.
While recalls can impact personal injury matters, the ways in which these concerns play out vary from case to case. As a result, it is generally a good idea for victims to seek personalized legal guidance instead of making assumptions about how a recall could influence their unique circumstances.