Who Is Liable for a Car Accident Caused by a Car With a Recall?

fatal car accident

Car accidents can happen for a variety of reasons, but what happens when a car accident is caused by a vehicle with a recall? A vehicle recall is an action taken by an automobile manufacturer to address a safety-related defect. While recalls are intended to keep drivers safe, accidents can still occur due to defects that go undiscovered or unaddressed.

A vehicle recall is issued when the automobile manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle model, equipment, or tire has a safety-related defect or does not comply with federal safety standards. When a recall is issued, the manufacturer is required to fix the problem at no cost to the owner. The defects can range from minor issues to potentially fatal ones, and it is important to note that not all recalls come with an equal threat level. Car manufacturers announce recalls when they find out about a safety issue, and the affected car owners are usually notified by mail or email. In some cases, a recall may also include a warning to drivers to stop driving the vehicle until repairs can be made.

There are many reasons why car manufacturers might issue a recall. The most common ones are defects in the parts, system malfunctions, and design flaws. Regardless of the reason, recalls prevent accidents and keep people safe while driving. Car manufacturers can face significant legal action if they do not issue recalls when they find out about safety issues.

Why Do Vehicle Owners Need to Have the Issue Fixed?

Vehicle owners need to have the issue fixed to prevent accidents or injuries related to the recall. A recall is often issued once the manufacturer learns that the defect has a safety risk to the vehicle’s occupants. Ignoring a recall or delaying repairs can put you and other drivers on the road at risk of accidents. Most vehicle recalls are free of charge, so there is no reason not to fix the issue, even if it seems only minor.

What Injuries Could Occur if a Recalled Vehicle Causes an Accident?

If a recalled vehicle is involved in an accident, the incident can result in serious injuries. Injuries can range from minor bruises to permanent spinal cord injuries, traumatic brain injuries, or even death. The issues can range from brake malfunctions to engine explosions, which can cause a catastrophic accident that affects multiple cars and passengers.

What if a Vehicle Is Defective But No Recall Has Been Issued?

If a vehicle has a safety-related defect but no recall has been issued, the manufacturer may not be held liable for damages in the event of an accident caused by the defect. However, if a defect is discovered after the fact and a recall is issued, the manufacturer may be held liable for damages in accidents that occur after the recall has been issued.

What if a Defective Vehicle Is Recalled After a Crash?

If a vehicle with a safety-related defect is recalled after an accident has already occurred, it may be difficult to assign liability for the accident. However, the manufacturer may still be held liable for damages if it is found that the defect was a contributing factor in the accident.

What if the Owner Knew About a Recall But Still Drove the Car?

If a vehicle owner is aware of a recall but continues to drive the car without getting the necessary repairs, they may be held liable for damages in the event of an accident caused by the defect. In some cases, negligence on the part of the manufacturer may also play a role if they failed to properly notify owners of the recall.

How Does a Recall Affect an Injury Claim?

If you are injured in a car accident that is caused by a vehicle with a recall, you may have a claim for damages against the driver of the defective vehicle. However, the injured person’s injury claim can be affected by the recall notice. This is because the burden of proving negligence may shift to the driver, even if the recall was the cause of the crash. The driver of the defective vehicle may also be held liable for any expenses that arise from the accident, such as medical bills and lost wages.

What Can You Do to Protect Yourself?

The best way to protect yourself from any harm arising from a defective vehicle is to ensure that you are always up to date with any recall notices. If you receive a recall notice for your vehicle, take it seriously and make arrangements to have the issue fixed as soon as possible. Failure to do so can put you and your passengers in danger if the issue causes an accident.

How Can a Lawyer Help?

A car accident can be a traumatic experience, especially if it was caused by another driver with a vehicle that had a recall. In such cases, hiring a lawyer who practices personal injury law can be beneficial. Here are some ways a lawyer can help a person injured in a car accident that was caused by another driver with a vehicle that had a recall:

  • Determine liability: A lawyer can investigate the circumstances of the accident and determine liability. If the accident was caused by another driver with a car that had a recall, the manufacturer of that vehicle could be held liable in addition to the negligent driver.
  • Advocate for the injured person: A lawyer can advocate for the injured person and fight for their rights. This includes negotiating with insurance companies, filing lawsuits, and representing the injured person in court.
  • Compensation: A lawyer can fight for the injured person to receive fair compensation for the injuries suffered in the accident. This includes compensation for medical expenses, lost wages, pain and suffering, and other damages.
  • Hold manufacturers accountable: A lawyer can help hold manufacturers accountable for their products. By pursuing legal action against a manufacturer, a lawyer can help bring attention to safety issues and prevent similar accidents from happening in the future.

A Wilmington Car Accident Lawyer at Rhoades & Morrow Can Help You if a Recalled Vehicle Caused Your Injury

A car accident caused by a car with a recall adds a layer of complexity to your car accident claim. Get the help you need today by speaking with a Wilmington car accident lawyer at Rhoades & Morrow. Call us at (302) 427-9500 or contact us online to schedule a free consultation. We have offices in Wilmington, Bear, Milford, and Lewes, Delaware. With offices in all three counties of Delaware, we serve clients throughout the state.


Delaware Injury Lawyers

R & M Lawyers
Rhoades & Morrow

Our attorneys provide exceptional legal service with a personal touch. Since our founding in 1990, we have helped thousands of Delaware citizens obtain full and just compensation for personal injury claims. We have gained an excellent reputation as the “go to” law firm. Let us put our decades of experience to work for you.

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