How Vehicle Recall Notices Can Impact Liability in a Car Accident Case

Vehicle recalls have reached record numbers in recent years, with manufacturers addressing defects that range from minor inconveniences to potentially deadly safety hazards. When a recalled vehicle is involved in an accident, the recall notice can significantly alter the liability landscape. Understanding how vehicle recalls affect your legal rights after an accident is crucial for pursuing fair compensation.

The lawyers at Knowles Law Firm have extensive experience handling complex car accident cases involving vehicle recalls. With over 55 years of experience representing injured Nebraskans, we have secured multi-million-dollar settlements for clients whose accidents were caused or worsened by vehicle defects.

What Are Vehicle Recalls and Why Do They Matter

A vehicle recall happens when a manufacturer or the National Highway Traffic Safety Administration decides a vehicle model is found to have a safety-related defect or does not meet minimum safety standards. These defects can include issues with braking systems, steering components, fuel systems, airbags, or electronic control systems.

Recalls matter in accident cases because they establish documented evidence of a known safety issue. This documentation serves as powerful evidence in determining liability after a crash. Some common vehicle defects that lead to recalls include the following:

• Airbags that do not properly deploy or deploy with excessive force
• Defective brakes that may fail unexpectedly
• Steering system malfunctions that cause loss of vehicle control
• Accelerator pedals that stick or electronic throttle controls that malfunction
• Faulty ignition switches that can turn off engines while driving

After identifying the problem, manufacturers issue recall notices to registered owners, describing the defect and outlining the repair process. These notices create an official record that can later be used to influence liability claims.

How Recall Notices Affect Liability in Accident Cases

When an accident involves a recalled vehicle, the recall notice can affect liability in several important ways:

Establishing Manufacturer Liability

If an accident was caused by a defect named in a recall, the vehicle manufacturer may be liable for resulting damages. The recall notice itself serves as strong evidence that the manufacturer was aware of a safety issue. This forms the basis of a product liability claim, where you need to prove the vehicle had a defect that caused your injuries.

For example, if your brakes failed and caused an accident, and your vehicle had an active recall for brake system problems, this creates a clear link between the defect and the crash. The Knowles Law Firm can utilize this documentation to construct a robust case against the manufacturer.

Shared Liability Between Drivers and Manufacturers

Vehicle defects don’t always completely absolve other drivers of responsibility. Often, accidents involve multiple factors, including driver behavior and vehicle defects. In these cases, liability may be shared between the driver who made an error and the manufacturer whose defective product contributed to the accident or exacerbated the injuries.

Nebraska follows the modified comparative negligence system, which means you may obtain damages as long as you’re less than 50% responsible for the accident. However, your award is reduced by the percentage of fault attributed to you. Understanding how a recall affects this calculation requires experienced legal representation.

Impact on Vehicle Owner’s Liability

Vehicle owners who ignore recall notices may face increased liability if the unrepaired defect later causes an accident. The law generally expects vehicle owners to maintain their vehicles in a safe working condition, which includes addressing known safety recalls.

If you received a recall notice but failed to get the necessary repairs before an accident occurred, this could potentially be used as evidence of negligence. This is particularly important in cases where the defect directly contributed to the accident.

Investigating Recalls After an Accident

After any accident, it’s important to determine whether any involved vehicles had active recalls. This investigation can reveal critical information about potential causes and liability. Steps in this process include:

Checking for Active Recalls

You can check for recalls affecting your vehicle by visiting the NHTSA website (NHTSA.gov/recalls) and entering your Vehicle Identification Number (VIN). Alternatively, you can contact your vehicle’s manufacturer or a dealership. The Knowles Law Firm can assist with this research during their investigation of your case.

Determining If the Recall Is Related to Your Accident

Not all recalls will be relevant to your accident. For example, a recall for defective seat heaters likely wouldn’t affect liability in a rear-end collision. However, a recall for faulty brakes could be highly relevant. An experienced attorney helps determine whether the recall is connected to your accident.

Gathering Documentation

If a recall is relevant to your accident, you’ll need to gather documentation, including the recall notice, vehicle maintenance records, and evidence showing whether the recall repairs were completed. This documentation will be crucial for establishing liability.

Legal Options When a Recalled Vehicle Causes an Accident

If a recalled vehicle contributed to your accident, you may have several legal options:

Personal Injury Claims

You may file a personal injury claim against the at-fault driver, the vehicle manufacturer, or both, depending on the circumstances. These claims can cover medical expenses, lost income, pain and suffering, and other losses resulting from the accident.

Product Liability Claims

When a vehicle defect causes or contributes to an accident, you may have grounds for a product liability claim against the manufacturer. Claims may be founded on design defects, manufacturing defects, or failure to warn about dangers.

Class Action Lawsuits

In cases where the same defect has harmed many people, you might join or benefit from a class action lawsuit against the manufacturer. These lawsuits can lead to settlements that provide compensation to all affected vehicle owners.

Why Legal Representation Is Critical in Recall-Related Accidents

Accidents involving recalled vehicles present unique legal challenges. Manufacturers have powerful legal teams ready to defend against claims, and proving that a defect caused your accident can be a technically complex task.

The Knowles Law Firm has the experience and resources to investigate vehicle defects, establish causation, and build compelling cases against manufacturers. Their attorneys work with automotive experts, accident reconstructionists, and medical professionals to demonstrate how vehicle defects contributed to accidents and injuries.

Getting Help After an Accident Involving a Recalled Vehicle

If you’ve been injured in an accident and suspect a vehicle recall may have played a role, prompt legal advice is essential. Evidence related to vehicle defects can disappear quickly, and there are stringent time limits for filing claims. The experienced attorneys at Knowles Law Firm can evaluate your case, investigate potential vehicle defects, and help you understand your legal options. With years of experience representing complex car accident cases, we have the knowledge and resources to pursue maximum compensation for your injuries.

Don’t face the aftermath of a recall-related accident alone. Contact Knowles Law Firm at (402) 431-9000 or through our contact form to schedule a consultation and discover how we can assist you in navigating the complex intersection of vehicle recalls and accident liability.