In an effort to keep consumers safe, motor vehicles are sometimes recalled. A recall means that a vehicle has a defect or safety problem that could foreseeably result in property damage or injury. If a car accident occurs and one of the vehicles involved is under an active recall, this fact can impact the insurance claims process. Make sure to speak with an experienced car accident attorney in San Antonio if you were injured in an accident.
What Is a Vehicle Recall?
A vehicle recall means that a motor vehicle has been pulled from distribution due to a known or potential safety issue that could impact the public. Safety recalls can be orchestrated by the motor vehicle manufacturer or a federal safety organization, such as the National Highway Traffic Safety Administration. They may be voluntary or mandatory.
In 2024, around 49 million vehicles were recalled – the second-highest number in the last 20 years. There were also nearly three million electric vehicles recalled, which is a significant jump from 566,584 in 2023. The brands with the most recalled vehicles in 2024 include Tesla, Ford, General Motors and Nissan.
How Does a Recall Impact a Car Accident Liability Claim?
When a motor vehicle is recalled, it illuminates potential safety issues within the car’s design, manufacture or marketing. Common motor vehicle defects involve the brakes, tires, engine, electrical system, steering system, and safety features such as seat belts and airbags. The existence of a recall can potentially lead to a product liability claim if a defect contributed to the crash.
If a vehicle contained a defect but was not yet recalled due to the manufacturer failing to communicate the recall to customers, this could place liability for the accident with the manufacturing facility. Manufacturers have a legal responsibility to announce recalls to the public and buyers. If the recall was properly communicated, however, the driver of the recalled car could share liability for ignoring the recall notice or failing to get the proper repairs.
What to Do if Your Vehicle Is Recalled
A vehicle recall should reduce the risk of car accidents by pulling dangerous vehicles off of the road. If the recall is not handled or addressed correctly, however, the risk of car accidents can still be high. Motor vehicle drivers have a responsibility to respond promptly and correctly to any recall notifications they receive.
Manufacturers should provide clear, actionable instructions as to a remedy in a recall notice, such as bringing the vehicle to the nearest dealership for free repairs. If you are a driver who receives a recall notice for your vehicle, you should comply with the instructions. If the recall says your vehicle is not safe to drive, get it towed to the right place for repairs.
When to Hire a Car Accident Lawyer in Texas
If your car accident case in Texas involves a recalled vehicle, it is crucial to consult with a personal injury attorney in San Antonio about your rights. These cases can be complex in terms of liability. You may have grounds to hold the manufacturer of the vehicle responsible if there were issues with the recall notice, for example, or the driver of the recalled car was driving it despite known issues.
If a manufacturing company attempts to limit its liability by pointing out that the vehicle was recalled, this is also an issue that an attorney can help with. Your lawyer can communicate with vehicle owners and insurance companies on your behalf to seek maximum compensation for your injuries and bills. An attorney will know how to navigate accident liability after a vehicle recall in a way that protects your rights as much as possible. Contact us today.