Unrepaired, Recalled Vehicles Cause Injuries and Deaths
Recalled vehicles that haven’t been repaired can be an accident waiting to happen, causing severe and fatal injuries. Car accident Castillo & Associates will cover how car companies try to notify owners of recalls, but many defects aren’t being fixed. If a recalled vehicle caused an accident and your injuries, the other driver and the manufacturer may compensate you for your injuries.
A car accident claim may be complex, and determining whether a defect played a role in causing it may be a challenge. Get the legal support of Inland Empire car accident attorney Domingo Castillo, who will fight for justice and accountability for you and your family. He worked in the insurance claims industry for more than 30 years and handled thousands of cases for insurance carriers before working for accident victims. If you’re in this situation, call a car accident lawyer at Castillo & Associates at 800-497-9774 today.
What is a Recall?
A recall involves repairing a critical, sometimes life-threatening, vehicle defect. A manufacturer or the federal government can issue a recall. More than 30 million vehicles were recalled last year, reports USA Today, but that doesn’t mean they were all repaired. Only about 65% of vehicles subject to recalls are fixed, with newer vehicles most likely to be repaired (83% of those one to five years old), but that rate declines as vehicles age (38% of vehicles 16 to 20 years old).
New vehicle defects must be repaired before being sold, but used ones can be sold without sellers addressing the problem. Manufacturers must pay for the repairs and contact the last known owner, but they may move or sell the car.
How Do I Find Out If My Vehicle’s Been Recalled?
It’s mainly up to the car owner to find out if their car is subject to a recall. The best way to do that is to use your vehicle’s vehicle identification number (VIN) for a search on the National Highway Traffic Safety Administration’s (NHTSA) recall website. The website will tell you if your vehicle’s the subject of a recall and hasn’t been repaired yet.
If there’s an outstanding recall, contact your nearest dealer. Sometimes cars slip through the recall cracks because parts are on backorder or there’s no convenient time for a repair for the owner. If the problem isn’t addressed quickly, the owner may forget about it and continue to drive a potentially dangerous car.
How Serious Must a Defect Be to Justify a Recall?
Recalls are made because a safety problem was identified, your car is at risk, and the problem must be fixed, according to Consumer Reports. NHTSA is responsible for the recalls, and it states that the defect poses a safety risk and affects a group of vehicles of the same manufacturer or design. A vehicle may also be recalled because it’s not up to a safety standard, like a faulty headlight or backup camera.
The notice would state whether the vehicle should be fixed as soon as possible, parked outside if there’s a fire risk, or not driven at all. There may be specific circumstances when a vehicle is unsafe, such as driving above a certain speed or while using a specific feature.
How Might This Play Out in Real Life?
California is a comparative negligence state. If a plaintiff (the injured party) proves a defendant’s negligence caused an injury, the jury would decide how much harm the plaintiff suffered and the monetary value of that harm. The jury would also determine whether the plaintiff was a partial cause of the accident and, if so, how much they’re to blame. The plaintiff’s award would be reduced by their share of the accident’s fault.
If you’re struck by a vehicle because of a defect so serious it was recalled, the manufacturer can be accused of negligence or of selling a dangerously defective vehicle. The driver may also be liable if they received a recall notice but did nothing about it.
If you’re injured by your vehicle after receiving a recall notice you did nothing with, the manufacturer will blame you. Given the state’s comparative negligence laws, a jury may find both of you caused your injury and reduce your award to reflect your share of the blame.
Protect Your Rights by Speaking to a Skilled Car Accident Attorney
If you’re injured in a vehicle accident, you must act quickly and contact Castillo & Associates’ Inland Empire car accident lawyers. After we’re retained, we will thoroughly investigate your case, gather evidence, and protect your right to full monetary compensation. The fact that a car involved in your accident was subject to a recall but not repaired could be a vital issue in determining the outcome of your case.
Car accident Castillo & Associates has more than three decades of legal experience, and we can take on the most challenging auto accident cases. Call us at 800-497-9774 or contact us to speak with an experienced Inland Empire car accident lawyer.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
