What to Do If a Car Recall Happens After Your Accident

Posted on February 2, 2025 in Personal Injury,Product Liability

When a vehicle manufacturer issues a car recall, it means that the manufacturer has identified a defect that poses a safety risk to consumers. This defect may relate to faulty brakes, airbags, or any other component of the vehicle. You may have legal recourse if you were in an accident and later discovered that your car was subject to a recall for a defect that contributed to the crash.

You may not know the immediate cause of your car accident right after it happened or in the days afterward. You may have even filed a claim against the other driver’s insurance policy, only to have the insurance company deny it because you were unable to prove that the other driver was at fault. Afterward, you may receive a notice that the car company has recalled your car. If you no longer own the vehicle because you totaled it in the accident, you may learn of the recall through the news or an internet search.

At that point, if the vehicle defect caused your injuries, you can file a product liability lawsuit against multiple parties. These lawsuits can result in a significant settlement check or jury award but can lead to a complicated legal fight. You may need to overcome various hurdles and defenses the automakers or defendants may raise. You are likely looking at a lengthy lawsuit, but one that can lead to significant compensation should you win.

You should always contact an attorney when you learn of the defect, no matter when that time is. Even if you know of the defect long after your accident, it may not prevent you from receiving financial compensation. Your personal injury lawyer will thoroughly investigate the defect and the accident. They may work with expert witnesses to help prove that the defect caused your accidents. Along the way, they may have to counteract and respond to the defendant’s numerous efforts to frustrate your case.

You can hire a personal injury lawyer by calling them to schedule a free initial consultation. You will not need to pay the attorney anything upfront, and they will only receive compensation if and when you win your case.

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Vehicle Defects Can Endanger Your Life

Manufacturers can make cars with serious defects that can risk your and your passengers’ lives. Even what you think is a minor issue with your vehicle can result in a dangerous accident. The effects of the crash may increase when it occurs at a high speed.

Accidents involving vehicle defects are more common than you think. According to the National Highway Transportation Safety Administration, roughly one in every fifty car accidents involve vehicle defects. In other words, tens of thousands of accidents each year occur because of a problem with the car or a part.

Examples of Vehicle Defects That Can Cause Serious Crashes

Vehicle defects that can cause an accident may result from:

• Tires that can break apart or blow out when you are driving
• Brakes that do not allow you to stop in time to avoid an accident
• Steering that causes you to drift out of your lane or lose control of your car
• Design that results in your vehicle rolling over
• Transmission defects that cause a sudden loss of power or slippage

Roughly two-thirds of crashes that involve vehicle defects are due to problems with the brakes or tires. Any accident caused by a vehicle defect can be extremely dangerous because you have little to no warning that a part of your car can fail. For example, tire blowouts occur suddenly, and even the most experienced drivers may be unable to regain control of their vehicle and safely pull it over to the side of the road.

The Three Types of Product Defects

Vehicle issues may occur due to the following defects:

• Manufacturing defects occur when something goes wrong in making the car, rendering it unreasonably dangerous for its intended use.
• Design defects when the car’s design is inherently dangerous (some states also require that you show that there was a safer alternative design).
• Marketing defects occur when the carmaker knew or should have known about a defect but did nothing to fix it or warn about it.

If you can prove any of these defects, the defendant will be strictly liable for your injuries. The burden of proof will then shift to them to show why they should not be legally responsible for what happened.

You May Learn of a Product Defect After the Accident

You may not know at the time of the accident that a defect in the vehicle caused your crash. You may have had an idea that something was wrong with your car, but you were unable to pinpoint it. You may not realize until much later that the defect both existed and was the cause of your accident. The picture becomes crystal clear when you learn of a product recall because you will better understand what caused the crash. At that point, you still have legal options.

Who You May Sue in a Product Liability Lawsuit

If you have suffered an injury in an accident related to the issue that resulted in the car’s recall, you may have the legal right to financial compensation. You can file a product liability lawsuit against anyone in the “stream of commerce.” This term includes anyone who played a role in making or selling you the car, including:

• The manufacturer
• The dealer who sold you the car
• Any company that made a defective part

Product liability lawsuits can lead to a large settlement or jury award. There are numerous cases in which people who have suffered injuries in car accidents have won lawsuits against the car manufacturer. For example, people have sued Ford repeatedly because a design defect in their SUVs caused the vehicles to roll over. One product liability case against Ford resulted in a $1.7 billion award when the plaintiff won the case at trial.

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You Can Still Beat the Statute of Limitations

Even if it takes a while after your accident to learn about the recall, you still have enough time to file a product liability lawsuit. Each state has a statute of limitations that governs the time you have to file a lawsuit. The statute of limitations usually begins to run when you learn of the cause of your injury. In many states, the clock starts when you discover the recall because then you know that a defect in your car caused the accident. Other states allow you a more extended period to sue when a product defect has a specific hard limit of years.

You Can Expect a Difficult Lawsuit

Product liability cases are highly contentious affairs because the defendant has an incentive to fight your case for as long as they can. If the defect in the vehicle was widespread, chances are that numerous others suffered injuries in the same way that you did. The manufacturer may even face billions of dollars of total liability; accordingly, they may hire high-priced attorneys to fight your case and only settle after you have built a strong claim in the lawsuit process. In many cases, they may even take lawsuits to a jury to defeat your case. You need a personal injury lawyer who can go the distance in a contested lawsuit and knows their way around the courtroom.

Common Defenses You May Face in a Product Liability Lawsuit

If you have suffered an injury in a car accident with a recall, you must prepare for a defendant to argue that the defect did not cause your crash injuries. They may point to the other driver or blame your actions as the cause of your injuries, arguing that the crash would have happened anyway, regardless of the safety of the car.

The defendant can also claim that any defect was not severe enough to cause an accident. Some recalls may relate to issues where it is arguable whether it resulted in a crash. Just because there was a car recall does not automatically mean that the problem is what caused your accident. Thus, you will still need to demonstrate causation in showing that the defect was to blame for your accident.

Finally, the defendant can also argue that your accident occurred not because of the defect but due to how you maintained the car. They may say that the tires would not have failed had you driven fewer miles on them before changing them or that the brakes would not have malfunctioned if you changed the fluid or the pads.

Damages in a Product Liability Lawsuit

If you win a product liability lawsuit, you have the legal right to damages for the following:

• Medical expenses to treat your injuries
• Lost earnings for the money that you could have earned at work
• Pain and suffering for the effects of your injuries
• Loss of enjoyment of the life that you had before your accident
• Embarrassment and humiliation from your injuries

If you win your case at trial, punitive damages can significantly increase the size of your award. Jury members often have hostile reactions when the carelessness or greed of large companies causes serious injuries to a consumer who trusts them. Juries may want to make an example out of automakers, mainly when you can collect evidence that shows that they knew about the defect and continued to sell the car. Automakers may fear the prospect of punitive damages, so they may be more likely to settle your case, especially if they have already lost some lawsuits filed by other plaintiffs.

A Seasoned Personal Injury Attorney is Standing By

In cases like these, it is essential to remember that you are not alone. Personal injury lawyers have helped countless individuals like yourself seek justice and compensation for their injuries and damages. They will guide you through the legal process, protecting your rights and ensuring you receive the compensation you deserve.

If you or a loved one have suffered an injury in a car accident and you receive notice of  a car manufacturer recall after your accident, contact a personal injury lawyer. They can provide the experience and support you need so you can focus on your recovery and move on with your life.

Schedule A Free Consultation Today!