Recalled Car: Who’s Responsible for an Accident?

recalled car in accident

Recalled cars can be a danger to other motorists on the road. Cars today are quite complex with countless parts and systems meant to enhance safety and comfort. However, these improvements have also contributed to car accidents. Manufacturers chalk it down to design defects and often recall cars with such problems.

According to Statista, in 2019, around 39 million vehicles and about 14 million motor vehicle parts were taken off U.S. roads. After an accident with a recalled vehicle, those involved wonder who to sue. It could be the person driving the car or the vehicle manufacturer.

The circumstances of the accident determine the appropriate at-fault party. This article discusses who is liable for a crash caused by a recalled car. Contact our Dallas car accident lawyers at The Weinstein Firm if you suffer injuries in a crash.

Why Do Manufacturers Recall Cars?

A recall happens when the vehicle manufacturer or government agency realizes that it is unsafe to use. For example, Hyundai and Kai recalled about 500,000 SUVs due to a high fire risk. The companies noted that due to “foreign contaminants,” the anti-lock brake computer control module can short circuit and possibly start a fire in the engine compartment.

There are four critical steps in a car recall:

  1. The government or manufacturers identify a design defect
  2. An investigation establishes that the car does not meet the minimum safety standard
  3. The company publicly announces a recall and notifies vehicle owners
  4. The company fixes the flaw, replaces the part, or reimburses the car owners

In recent times, common reasons for vehicle recall are defective tires, airbags, and car seats. However, just because an automobile was recalled does not mean it will not be on the road. While the car remains mobile, it could cause an accident, leading, once again, to the question of who bears liability in such an instance.

Who Is Responsible for an Accident Caused by a Recalled Car?

If a defective vehicle part causes an accident, you may have multiple claims. You can sue the car driver or the manufacturer. Typically, a person driving a defective vehicle can sue the manufacturer for injuries and losses if an accident happens.

Similarly, you can file a claim against the company if a human error did not contribute to the crash. So, suppose a defective engine caused a collision. You can proceed against the manufacturer. However, if the driver knew of the defect but kept driving, your claim would be against them.

The above is the position of the law when dealing with recalled vehicles. Manufacturers are liable if they fail to recall a defective car, and drivers who ignore a safety recall will be responsible if a crash happens. While it sounds simple enough, there are always technicalities in cases like this.

These technicalities make it hard to know the proper party to sue. The vehicle manufacturer may deny liability and do everything possible to avoid paying damages. So, don’t go up against them alone. Instead, hire a legal team with experience in accident cases to help you identify the negligent party and prove their liability.

How Does a Vehicle Recall Affect Your Claim?

A vehicle recall is not an automatic ticket to receive compensation. Therefore, while it may serve as valuable evidence, you also need to prove other factors depending on who your claim is against.

If the accident happened before the recall, you have a claim against the manufacturer. This fact remains the same whether you were driving the recalled vehicle or it was the driver who caused the accident. Here, your lawyer will prove the car did not meet the minimum safety standards and demand the company compensate you.

However, if the company already issued a recall when the accident occurred, it shifts some of the responsibilities to the at-fault driver. So, if the driver did not immediately turn in their vehicle to get it repaired, they will be partly at fault for your injuries.

To identify the right person to file your claim against, your lawyer will investigate:

  • When the owner received the recall notification
  • Whether the recall notice sufficiently warned them of the car’s defects and risks
  • Whether the driver tried to comply with the recall order

Get Help From Premium Dallas Car Accident Lawyers 

Getting injured in an accident involving a recalled car means dealing with the at-fault driver and the vehicle’s manufacturer. You can’t do this alone and need the assistance of legal experts. Our legal team at The Weinstein Firm has all it takes to represent you and win. Contact us today for a free case review.

Latest Posts

Intersection Accidents in Atlanta
What to Do After a Car Accident That’s Not Your Fault
Navigating Legal Claims after an Uber Accident: A Victim’s Guide
How Much Is My Kennesaw Car Accident Case Worth?
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Stolen SUV chase with 10 kids aboard ends in crash; 4 flown to Atlanta   The Atlanta Journal Constitution [...]

10 kids involved in chase, crash in middle GA; 4 flown to Atlanta hospital in critical condition  WSB Atlanta [...]

1 killed in crash off I-75 in northwest Atlanta, police say  Atlanta News First [...]

One killed, another injured after car leaves roadway, crashes into tree: Atlanta Police WXIA [...]

At least 11 killed on Georgia’s roads since start of holiday weekend  Now Habersham [...]

Decatur launches pace car program to slow down drivers and prevent pedestrian crashes [...]

Crash at notorious Decatur intersection sends three to the hospital [...]

1 dead in overnight Decatur car crash, police say  Atlanta News First [...]

1 dead in DeKalb County crash involving Tesla: Police WXIA [...]

2 killed in multi-car crash in DeKalb County  WSB Atlanta [...]

Construction worker fatally injured on UGA campus; investigation underway  Online Athens [...]

Watkinsville woman killed in two-vehicle collision in Oconee County  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville pedestrian killed in Athens while checking on another crash victim  Online Athens [...]

Family involved in fatal wreck after leaving North Georgia water park   The Atlanta Journal Constitution [...]

Best Personal Injury Lawyers In Atlanta, GA Of 2024  Forbes [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

Lanes blocked following multicar crash on I-75 in Clayton County WXIA [...]

Teenage car break-in suspect in Gwinnett County struck by vehicle  FOX 5 Atlanta [...]

Woman killed after losing control of car on Barrett Parkway  Cobb County Courier [...]

WATCH: Drivers Allegedly Racing To Car Meet Wreck Each Other In 8-Car Pileup  Wonderful Engineering [...]

Drivers Allegedly Racing to Car Meet Wreck Each Other in 8-Car Pileup  The Drive [...]

5-year-old released from hospital after Bartow County crash that killed 5 WXIA [...]

Bartow County crash: KSU student laid to rest WXIA [...]

Fatal Crash Blocks All Lanes On I-85 South In Gwinnett [...]

At least 1 dead in major crash on I-85 South  FOX 5 Atlanta [...]

Motorcyclist hospitalized after crash with car near Gwinnett County Kroger  WSB Atlanta [...]

Several people hurt after SUV crashes into Gwinnett County Burger King  Atlanta News First [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Chikybombom suffers a serious car accident  MundoNOW [...]

Cheapest Car Insurance Quotes in Georgia (Best Rates in 2024)  ValuePenguin [...]

Celebration of Life Service Set for Deeply-Loved Norcross Couple [...]

Russell M. Jacoby  The Morning Call [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!