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Phone: (203) 244-6026
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Auto Accident Recalls - Why They Happen
Auto Accident Attorneys Serving Manhattan and Greater New York City – Auto Recalls
Although many causes of car and trucking accidents are uncontrollable – for example, hazardous road conditions and the actions of other motorists – it is possible to prevent accidents caused by vehicle defects. This is the goal of auto recalls: to remove dangerous vehicles from the road and, if possible, to repair the defective part or parts. If you have been involved in an accident that you believe was caused by a vehicle defect, you have certain legal rights. To make sure you are fully informed of these rights, it is best to hire an attorney experienced in auto recall law, like the auto accident lawyers at Proner & Proner. Our attorneys serve Manhattan and greater New York City, providing outstanding legal counsel for individuals who have a defective vehicle. To learn more about auto recalls or to schedule a free case evaluation, contact Proner & Proner today.
Causes of Auto Recalls
Auto Recalls – the Procedure
Causes of Auto Recalls
An automobile can be recalled if it fails to meet Federal Motor Vehicle Safety Standards and/or if it contains safety-related defects. If your vehicle has been recalled for one of these reasons, contact our auto accident attorneys. Our lawyers, based in Manhattan, provide New York City residents with outstanding legal counsel. We will work to protect your rights.
Noncompliance with Federal Motor Vehicle Safety Standards
The NHTSA sets Federal Motor Vehicle Safety Standards to regulate the performance of motor vehicle parts that affect the vehicle’s safe operation (i.e. brakes, tires) or protect drivers and passengers (i.e. seatbelts, airbags). Numerous auto parts, including child restraints, energy absorbing steel columns, electrical systems, windshields, transmissions, engines, cooling systems, and windshield wipers can warrant an auto recall if they are found to be defective.
Safety-related Defects
A safety-related defect is defined as a flaw in the design, construction, or performance of a vehicle (or vehicle component) which puts the public at an unreasonable risk of an accident that may result in personal injury, or wrongful death. When one vehicle is found to have such a defect, a recall may be issued for all vehicles of the same design or manufacture, since that group of vehicles is likely to pose the same risk to the public. Examples of safety-related defects include:
- Defective steering components, accelerator controls – can cause loss of vehicle control
- Faulty fuel system components – fuel leakage can cause vehicle fires in an accident
- Broken or defective wheels – can cause loss of vehicle control
- Faulty engine cooling fans that break unexpectedly – can injure a mechanic working on the vehicle
- Dysfunctional windshield wiper assemblies – can limit a driver’s view in stormy weather
- Seats that fail unexpectedly – can injure driver and/or passengers in an accident
- Defective wiring systems – can cause lights to malfunction or vehicle fires
- Defective air bags that deploy improperly or fail to deploy – can injure driver and/or passengers in a collision
Auto defects that are not considered to be safety-related include defective air conditioners and radios, cosmetic flaws (e.g. rust, paint blemishes), excessive oil consumption, and ordinary wear-and-tear of equipment that needs to be replaced periodically (e.g. shock absorbers, batteries, exhaust systems, and brake pads and shoes).
Learn more about defective automotive product law.
Auto Recalls – The Procedure
An auto recall begins when a consumer or vehicle manufacturer files a report of complaint to the NHTSA. If the NHTSA receives enough of these complaints about the same vehicle, it will usually investigate the alleged defect. If it determines that a safety defect exists, the NHTSA will request that the manufacturer recall the vehicle and repair the flaw. The manufacturer may decline the request, in which case a public meeting is conducted during which the manufacturer may refute evidence that there is a defect. The next step is for the NHTSA to make the final decision about recalling the vehicle. Whether the manufacturer complies with the request for recall or challenges the NHTSA’s final decision, the manufacturer must notify all registered owners and purchasers of the vehicle about the potential defect by mail within a reasonable amount of time. If and when the recall is put into action, the manufacturer may repair or replace the part (free-of-charge) or provide vehicle owners with a refund.
Contact Our Auto Accident Lawyers Serving Manhattan and Greater New York City
If your vehicle has been recalled, our auto accident attorneys can help. Our lawyers, serving Manhattan and greater New York City, are dedicated to protecting our clients’ rights. Contact Proner & Proner today to schedule a free case evaluation.
