What Is Your Recourse If You’re Injured In An Accident Involving A Recalled Vehicle?
Posted On behalf of Pfeifer Morgan & Stesiak on May 11, 2015 in Car Accidents
Cars are recalled all the time. Manufacturers either recall a them when they find a defect or when a government agency requires them to do so.
When a vehicle is recalled, though, it is up to the owner to have the repairs made. It is easy for a vehicle owner to miss the recall or ignore it completely.
But, if you are injured as the result of an accident in the unrepaired vehicle, who is liable? Are you, the owner? Or is the manufacturer still liable?
Your best course of action as an automobile owner is to make sure that you know about any open recalls on your vehicle and have them repaired immediately.
However, if you are injured before the repairs can be made or you ignore a recall notification, there are several factors to consider when determining liability.
What was the cause of the accident? Was it a part failure? Was that part recalled? If the part was recalled, was the owner notified of the recall?
If it is found that neglecting to have a recalled part repaired was the cause of your accident, you may not be able to recover damages.
However, just because you did not have a recalled part repaired or replaced, does not mean that you are totally responsible. The manufacturer may be deemed liable, at least in part. If you are found to be negligent as well, your award may be reduced by the amount of fault attributed to you by the court. If you’ve been injured in a car accident, contacting an experienced personal injury attorney can help you determine if you are entitled to compensation and what legal options you have.
An attorney can help you navigate all of the legal processes to make sure that you are compensated fairly for the damages and injuries that you received in an accident.