Many accidents occur due to driver error or poor driving conditions. Sometimes, there are incidents where poor car design or manufacturing defects can cause a car crash. In this case, who is liable for the car crash? Who is liable to pay medical costs and other damages? Read on to know.
What is a Vehicle Recall?
Vehicle recall is a crucial aspect of automotive safety. The NHTSA (National Highway Traffic Safety Administration) issues vehicle recalls, or the vehicle manufacturer recalls the vehicle when they find a part of the car is unsafe or does not comply with federal safety standards. These vehicle recalls are crucial to prevent accidents and ensure the safety of drivers and passengers. Before the recall, the NHTSA or the vehicle manufacturer will do the following:
- They will identify the defective vehicle or part
- The part that fails to meet the safety standards is deemed unsafe to operate
- They will notify the public and consumers of the vehicle’s recall part
- An explanation of how the manufacturer will repair the defective part to bring it to safety standard
- Instructions on what the vehicle owner needs to do
If your car crash turns out to result from a defect in a recalled vehicle, our Wisconsin car accident lawyer is here to help you. Call us to discuss your case.
What Happens When a Defective Vehicle Causes a Crash But No Recall?
When buying a vehicle, as a customer, you are obliged to drive in a safe vehicle. Manufacturers owe customers a vehicle that meets federal and state safety standards. If a defect in a car causes an accident, but there is no recall for that particular defect, the car manufacturer may be liable for your damages. If you are a car accident victim due to vehicle defects, you are liable to receive compensation for the damages.
What If the Vehicle is Recalled After the Crash?
Often, vehicle recalls happen after a defect has occurred in several accidents. In this case, if it happens to you, the next step that you take will determine what you have filed for the car accident and the compensation for damages you have filed for. If a recall has been issued after an accident, speak to our experienced car accident lawyers to understand your options.
What Happens If the Vehicle Owner Knew About the Recall Before the Accident?
In case the vehicle owner already knew about a recall and still went ahead to driving, they could be held partially liable. A vehicle’s safety involves maintenance and repairs as well as knowing about the defects. Here are some factors that need to be considered:
- When did the car owner know about the recall?
- What was the defect, and what was the risk that could cause a crash before repair?
- The proof of vehicle recall issued by the manufacturer
- Did the recall notice include the risk if not repaired?
- Did the car owner have enough time to respond to the recall notice before the accident?
What is the Duty of Vehicle Owner After Recall?
After you have received a recall of your vehicle, you need to prioritize your safety and that of others. Read the entire recall notice, and if it warns you not to use the car, take it immediately to the nearest dealer for repair. Schedule an appointment with an authorized dealer.
Contact MacGillis Wiemer, LLC for Legal Help
An accident involving a recalled vehicle can be complex. At MacGillis Wiemer, LLC, our experienced Milwaukee car accident attorney are highly knowledgeable in laws related to recalls and vehicle accidents. Let us protect you. Call us to discuss your case.