Vehicle Recalls and Auto Accident Claims: When a Defect May Have Contributed to the Crash
If your brakes felt sluggish before impact, your airbag never deployed, or your vehicle behaved unexpectedly in the seconds before the crash, you may have a claim against a manufacturer.
At Castillo & Montes Attorneys At Law, our San Diego car accident attorneys handle these layered claims for injured drivers across San Diego and Southern California. Call us at 800-497-9774 or fill out our confidential contact form to schedule a free consultation.
What Is a Vehicle Recall and Why Does It Matter After a Crash?
A recall happens when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle or one of its components creates an unreasonable safety risk.
In 2023, NHTSA processed 1,000 recalls affecting over 39 million vehicles and items of motor vehicle equipment. That number makes it very possible that some of those vehicles were involved in crashes before their owners ever received a recall notice.
Recalls can cover almost any component: airbags, brakes, steering systems, fuel systems, electronic stability controls, and more. If your accident involved a part that was already under recall at the time of the crash, or a part later recalled for the same defect, that fact could change the entire direction of your claim.
How a Defect Can Change Who Is Legally Responsible
Most auto accident claims center on driver negligence. California product liability law opens a different path. If a defect contributed to the crash, the manufacturer, a parts supplier, or even a dealership may be responsible under strict liability.
However, unlike other types of claims, you do not need to prove the company was careless. You only need to show that the product was defective and that the defect caused or worsened your injuries.
California courts recognize three types of product defects:
- Design defects
- Manufacturing defects
- Failures to warn
A car accident lawyer will know which type applies to your situation and help you pursue the strongest claim. A product liability case can run alongside your standard negligence claim against the other driver, giving you two avenues for recovery.
What Evidence Matters in a Defective Vehicle Case?
Evidence in these cases goes far beyond skid marks and a police report. Your car accident attorney will want to examine the vehicle before it is repaired or sold for salvage. Key evidence includes:
- The vehicle identification number (VIN), which can be searched in NHTSA’s recall database to identify open or past recalls
- A post-crash inspection of the specific component that may have failed
- Black box data recorded by the vehicle’s onboard systems
- Prior maintenance and service records, including any dealership visits
- Recall notices received (or never received) from the manufacturer
If you suspect a defect contributed to your crash, tell your attorney right away. A delay can result in the vehicle being repaired, sold as salvage, or otherwise altered in ways that destroy critical evidence.
Steps to Take in San Diego If You Suspect a Vehicle Defect
The actions you take after a crash involving a potential defect are slightly different from those of a standard collision.
- Do not have the vehicle repaired before consulting an attorney.
- Document all visible damage with photos and video before the car is moved, if it is safe to do so.
- Write down everything you remember about how the vehicle was handling in the moments before impact.
- Check your VIN at NHTSA.gov to confirm whether any open recall applies to your vehicle.
Your attorney can bring in accident reconstructionists and mechanical engineers to build the technical side of your case. Acting quickly preserves options. Waiting can close doors that otherwise would be open.
What a Defective Vehicle Claim Could Mean for Your Compensation
When a vehicle defect is involved, the pool of potentially responsible parties grows. That can mean greater resources available to compensate you for medical bills, lost wages, pain and suffering, and long-term care costs.
As a car accident law firm serving the Inland Empire, San Diego, and all of Southern California, the attorneys at Castillo & Montes Attorneys At Law assess every possible angle because injured clients deserve the full picture, not just part of it.
California is a comparative fault state, which means a manufacturer’s liability does not disappear simply because the other driver was also at fault. Multiple parties can each carry a share of responsibility. That is favorable for injured drivers who are often caught between an insurance company trying to minimize payouts and a manufacturer looking to avoid litigation.
Getting the right car accident lawyer on your side early can mean the difference between a settlement that covers only immediate costs and one that accounts for your full, long-term losses. A car accident law firm with experience in both personal injury and product liability can pursue both avenues on your behalf.
Contact Our Inland Empire Car Accident Law Firm
If you believe a vehicle defect played a role in your crash, the legal team at Castillo & Montes Attorneys At Law is here to help. Reach out to our San Diego office today. Call us at 800-497-9774 or fill out our confidential contact form to schedule a free, no-obligation consultation.
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.
