Can Automakers Be Sued If a Car Was Recalled?
When a consumer purchases a new car, they have a reasonable expectation that their car will work as intended but sometimes a defect is present that can lead to serious accidents and significant injuries. A car accident lawyer can help those who have been injured in an accident recover compensation from liable parties.
Car recalls are intended to keep consumers safe and address issues with defects. Even after a recall, accidents can happen, leaving many to wonder, “can I sue an automaker if my car was recalled?” At the Longview, TX, law firm of Randy Akin, our team helps injured parties pursue compensation from liable automakers. If you have been injured while driving a recalled car, we welcome you to schedule a consultation to discuss your legal options.
About Car Recalls
Car recalls occur when a safety problem that puts consumers at risk of accidents and injury has been identified and needs to be fixed. Recalls may be issued for such defects as:
- Engines that abruptly stop
- Steering systems that don’t work properly
- Software problems that affect the safe driving of a vehicle
- Gas leaks
- Problems with airbag deployment systems
- Faulty brakes
When a recall is issued, it should detail the problem and risks, as well as provide information advising owners of the vehicle on whether their vehicle can still be driven and steps they should take to get their recalled vehicle either fixed or replaced. Recalls issued for serious defects typically come with a “do not drive” warning and should be heeded.
Can Automakers Be Sued If a Car Was Recalled?
Yes, in many cases automakers can be sued if a car was recalled. Typically, lawsuits regarding defective, recalled vehicles fall under product liability law. Through a product liability lawsuit, an automaker may be held liable for injuries caused to a consumer by a defective vehicle.
In a product liability lawsuit, the plaintiff (the party suing the automaker) must demonstrate that they suffered injuries or other losses as a result of a defect in their vehicle. The plaintiff may sue for financial and non-financial losses, also known as damages.
Is a Recall Notice Evidence of Liability?
A recall notice isn’t automatically considered evidence of an automaker’s liability for injuries resulting from a recalled car.
When allowed in court, a recall can support claims of a vehicle’s defect and show that the automaker was aware of the defect. However, the plaintiff will still need to provide evidence of the defect and demonstrate that the defect led to their injuries.
It should also be noted that recalling a car doesn’t absolve an automaker of liability. Generally in a product liability lawsuit, the automaker will need to demonstrate that the plaintiff received notice of the recall and that the notice sufficiently warned of the dangers of the defect.
Seeking Damages
Through a product liability lawsuit, it may be possible to recover damages for financial and emotional losses. Our Longview defective auto parts lawyer can help create a strong product liability case and recover such damages as:
- Lost wages
- Loss of future earnings
- Hospital expenses
- Physical therapy and rehabilitation
- Pain and suffering
- Mental anguish
Schedule a Consultation
It may be possible to recover compensation from an automaker for injuries sustained in a defect related accident even after a recall. To find out if you have a product liability case, contact our Longview law firm to schedule a consultation.
