How Vehicle Recalls Can Strengthen a Personal Injury Case
It can take anywhere from 3 to 5 years for a new car to go from concept to rolling off the assembly line. During that time, the car will undergo rigorous testing.
A lot of that testing involves crashing the car to see how it withstands high-speed collisions. Once the new car hits the road, it undergoes extensive “human testing,” and that is when potential problems arise. If there is a serious issue, the vehicle will be recalled, but that recall might come too late for some victims of car accidents.
If you get involved in a serious crash, you need to investigate the cause of that accident to establish liability thoroughly. There could be a scenario in which a car defect caused the accident. That would mean holding the vehicle’s manufacturer responsible for your damages.
In order to prevail in that type of personal injury claim, you need an experienced Jackson car accident attorney as your advocate. When the attorneys at Pittman, Roberts & Welsh, PLLC take up a car accident claim, we investigate all aspects of the incident.
That includes what role the car’s design and manufacture might have played in the collision.
The Connection Between Vehicle Recalls and Liability
A vehicle recall can establish a link between a defect and an accident. For instance, if a car is recalled because of faulty brakes and those brakes were a factor in the accident, then the liability link will be clear. As it happens, Ford recently recalled over 4 million vehicles due to brake issues.
A manufacturer can be held liable for a defect that caused an accident even if they weren’t aware of the defect until the actual recall. However, recall documents can be used as evidence that a safety problem existed before the crash.
It is important to note that the owner of a vehicle can also assume some of the liability associated with a recall. If they received a recall notice and did not make the repairs, that owner could be found partially at fault in the accident. Fortunately, Mississippi applies pure comparative negligence, which allows you to seek compensation in an accident even if you were partially at fault.
Types of Vehicle Defects That Trigger Recalls
Each year, there are an average of 900 to 1,000 recalls that involve tens of millions of vehicles. The National Highway Traffic Safety Administration (NHTSA) is the agency that issues the recalls.
When you get into an accident, one of the first things you check is whether any of the vehicles involved were recalled.
Common types of vehicle recalls include the following:
- Airbag failures
- Brake system issues
- Fire risks
- Steering and suspension failures
- Powertrain and acceleration malfunctions
- Seat belts and airbags
- Structural and exterior issues
- Tire failures
- Software and sensors malfunctions
Using Recall Notices as Evidence in a Lawsuit
Recall notices from a vehicle manufacturer can serve as critical evidence in a personal injury claim. Although a recall is not always considered an admission of guilt, it can help establish a level of liability for the manufacturer’s negligence.
It is important to note that if you were injured before the recall was issued, the notice can be proof of a pre-existing defect. Even with a recall issued, you still have to prove causation. That can happen with the support of your accident attorney and the following key evidence:
Failed Parts
If your car is in any wreck, you should try to preserve the failed parts that might have contributed to the accident. In other words, don’t be in such a rush to have the car salvaged.
Expert Testimony
Engineers and accident reconstruction experts can provide crucial testimony supporting the idea that a defect caused the accident.
Scene Documentation
All the evidence from the accident scene, such as photos and videos taken by you or eyewitnesses. There might also be surveillance footage from traffic cameras.
Medical Records
Your medical records can also establish the link between your injuries and the car’s defect that caused the accident.
How Pittman, Roberts & Welsh, PLLC Protects Victims of Defective Auto Parts
If you were injured in a crash involving a recalled vehicle or defective auto part, you need more than a standard car accident claim; you need a legal team that understands the intersection of vehicle recalls and personal injury litigation.
The Jackson car accident attorneys at Pittman, Roberts & Welsh, PLLC, can thoroughly analyze any relevant recall data, along with manufacturer communications, to determine whether strict liability for auto defects or manufacturer negligence played a role in your injuries.
We have helped many clients hold car manufacturers responsible for defects that caused accidents. Our network of investigators and experts supports each claim. We only move forward with a case when we feel confident in a positive outcome. Not every car accident is the exclusive fault of another driver. When a manufacturer is found liable, we can help hold them accountable.
Call to schedule a free consultation to talk about your options for filing a personal injury claim today.
