A July 2014 article in TIME Magazine points out that the number of cars recalled by GM from January to July 2014 could wrap the earth more than four times. In fact, 2014 was the worst year for auto recalls in history.
A lot of drivers were thus involved in accidents while driving vehicles subject to a recall, whether the defect in the vehicle caused it or now. But if you’re in a car accident with a recalled vehicle, is the manufacturer always liable? Read on to learn about liability for these accidents.
Who’s liable for damages?
If your vehicle was subject to a recall because of a defect, and you were in an accident caused by the defect, then you may have a product liability claim for damages. But if your vehicle contained a defect but the defect didn’t cause the accident, you would not be able to file a product liability case.
Instead, you may file a claim against another driver who caused the wreck. If you caused the accident, your own insurance might cover your damages, provided you have the right types of coverage (e.g., medical payments coverage or collision coverage).
If an auto defect did cause the accident, you might file a product liability claim. Your claim might allege liability based on a defectively manufactured vehicle (or vehicle part, such as an airbag) or liability claims based on a defective and unsafe design. Generally, the automaker is liable for defects in its vehicles. Parts manufacturers might also be liable if a particular part was defective and caused the accident.
A car supplier or dealership might also hold some liability if it sold you a vehicle with a known defect or one subject to a recall that had not received the proper remedies to remove the defect. Review with an attorney which party or parties might hold some liability for your accident and resultant damages.
A Defective Vehicle Attorney Can Help You
Talk to an attorney about liability for a car accident caused by a vehicle defect that’s subject to a recall. If successful, you might recover damages like medical bills, lost wages, pain and suffering, and more. If you were in a car accident involving a defective vehicle in Des Moines, call Walker, Billingsley & Bair. To begin, call us now at 888-435-9886 or use the form on our contact page to set up your consultation.