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I Didn’t Fix My Recall. Am I Liable in an Accident?

Liability for accidents when involved vehicles have unfixed recalls isn’t always cut and dry, so having an experienced attorney in your corner to determine fault is crucial.

For example, you might not be fully liable for an accident caused by an unfixed recall if the manufacturer didn’t give you proper notice. In these situations, manufacturers might be fully liable for not issuing recall notices with the appropriate instructions to registered owners. Even if there’s a recall on your car, don’t automatically assume that caused your recent accident. Involving an accident reconstruction expert can determine whether that is the case, which is the type of support a skilled car accident lawyer in Arlington can provide.

Are You Automatically Liable for an Accident if You Didn’t Fix Your Recall?

As a car owner, it’s important to stay up to date on your vehicle’s efficacy, which includes taking recall notices from your manufacturer seriously. Even seemingly minor recalls could contribute to accidents or exacerbate injuries sustained during them while also complicating liability for collisions.

If a vehicle is recalled in any capacity, the manufacturer should notify all registered owners of the issue and the safety concern. Before this happens on an individual level, the manufacturer may report the recall publically, especially if it is a widespread issue and a top concern. When manufacturers do not identify defects themselves, the National Highway Traffic Safety Administration might issue reports. There might also be news reports about the recall, particularly if many, many drivers are affected.

Suppose the owner continues operating the car after receiving notice of a car recall in the mail. If the defect poses a safety concern, willfully ignoring the notice could be considered reckless, making owners liable for accidents they ultimately cause. There isn’t a specific time limit on how long owners must address recalls and defects. However, prioritizing these notices is important for your safety, your passengers, and others sharing the road.

All of that said, you may not be liable for damages if you never received a recall notice and only became aware of the defect after the fact. In this type of situation, you and anyone else injured in the accident could seek damages from the manufacturer.

How to Tell if an Unfixed Recall Caused Your Recent Car Accident

Having a recall on your car does not automatically mean a defect caused your recent accident. Assuming so could lead to you facing liability for someone else’s injuries, which you could avoid by having an experienced lawyer prepare your case. Your attorney may involve an accident reconstruction expert who can analyze your vehicle and determine if a recall was related to the accident.

Generally speaking, technical service bulletins (TSBs) are recommendations for vehicle changes or updates, but registered owners aren’t required to follow them, unlike official recalls. TSBs are non-safety related car recalls, so having one on your vehicle alone likely wouldn’t make you liable for an accident.

Even if a safety recall was issued, you were given ample notice, and you did not get it fixed, you might not be liable for an accident. For example, if a negligent driver cut you off and sideswiped you, it likely wouldn’t be your fault, regardless of any current recalls on your vehicle.

To fully address concerns that car defects contributed to an accident, your lawyer can have a crash reconstruction and vehicle expert analyze your car closely for evidence of internal failings before the collision. Their findings might show no evidence that the recall contributed to the crash, keeping liability off of you. In fact, it could give you the foundation for your own compensation case, especially if you suffered injuries during the crash.

Could the Manufacturer Share Liability for an Accident if You Didn’t Fix Your Recall?

Car manufacturers have a duty of care to ensure the vehicles they produce are safe and effective. If not, they have a duty to issue prompt recalls and properly notify registered owners of defects to mitigate the risk of accidents and injuries. Manufacturers that breach this duty of care could share liability for an accident, even if owners didn’t fix their recalls.

If you were unaware of a recall, you might be able to evade full or any liability for someone else’s injuries by showing that the manufacturer’s breach of duty supersedes yours. In addition to not issuing timely recalls, manufacturers might fail to give registered owners enough information or instruction about defects or stress their urgency.

Though states have different comparative and contributory negligence rules, many allow plaintiffs to seek compensation even after sharing fault for an accident. For example, suppose you were recently injured in a single-vehicle accident due to an unfixed recall. Your attorney may argue that the manufacturer’s negligence in producing the defective vehicle and poorly communicating the recall could outweigh your negligence in not fixing it immediately, letting you get some or all compensation for your damages, like medical bills and lost wages.


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