Especially in California, we have come to rely heavily on the use of vehicles for all types of transportation. And while they have come to be one of the most convenient means of transportation, they may have issues that could lead to devastating consequences, injuries and sometimes even death. Therefore, it is important to have a full understanding of what your legal rights are in the case of an injury or potential death as a consequence of a vehicle recall or defect.
The Difference between Vehicle Recalls and Vehicle Defects
Vehicle recalls refer to issues that the manufacturing company or NHTSA identify in a vehicle that makes it unsafe to be used. The safety concerns may come from the vehicle features or equipment such as vehicle seats and tires. A recall is something that the NHTSA issues when a vehicle features or equipment does not meet the minimum safety standards. In most cases, manufacturing companies voluntarily conduct a recall when an issue is spotted before the NHTSA gets involved.
Vehicle defects are issues and problems found in the vehicle's design, manufacturing or production. Manufacturing corporations provide customers with warranties that assure the safety of their vehicles. Therefore, the vehicle defects law is a legal protection for consumers that deal with cars, trucks, motorcycles and other vehicles. Examples of these defects include:
- Seat belt problems
- Tire issues
- Door latch failure
- Brake failure
- Acceleration problems
- Stability issues
Most Common Questions Clients have Asked about Vehicle recalls
When are vehicle recalls issued?
In order to distribute a vehicle to be available for customers, it must first meet the federal motor vehicle standards. Usually that covers equipment and features that can significantly affect the safe operation of the vehicle, such as tires, brakes, safety belts and air bags. In the cases where a vehicle does not comply with these safety standards, a recall will be issued in protection of drivers and passengers.
What happens after a recall has been issued?
The law governing this matter provides manufacturing companies with three options to correct the defects found on their vehicles:
- Manufacturers could choose to repair the vehicle and fix the defects identified;
- Manufacturers could choose to replace the vehicle to an entirely new identical or similar one;
- Finally, manufacturers could refund the individual who purchased the vehicle in full
If the recall was issued as a result of a defect or an issue found in the equipment of the vehicle such as a tire defect, manufacturers have to choose between two options: either repair the vehicle or replace it.
What are my rights?
As a customer, as a driver, as an ordinary citizen who purchased a vehicle for whatever use, you are entitled to many rights that protects your interests. First of all, if a recall was issued on your car and you were still able to detect a defect, then you are entitled for a free of charge repair or replacement.
Experienced Product Liability Accident Injury Law Firm
If an accident took place while you were operating your vehicle that resulted in any injuries, then you should file a product liability lawsuit to recover for your damages. Call our office today for a free consultation. We will meet with you, free of charge, and explain your rights and the process of a product liability lawsuit.