Cars are a staple of the American landscape, and unfortunately, so are vehicular accidents. Automobiles are sophisticated and complex pieces of machinery, and it is not surprising to understand why manufacturers must occasionally issue recalls. However, this is of little solace to those who have been injured as a result of a faulty automobile. Fortunately, the legal system has established relatively simple and easy to understand precedents to guide liability issues for accidents that are related to automobile recalls.
Generally, accidents relating to automobile recalls fall under one of two categories. The first category pertains to instances where the automobile was not under a recall order at the time of the accident. In these cases, the automobile manufacturer is liable for any losses that are a result of the accident. While this may not bring much comfort to people who have lost loved ones due to a faulty designed or manufactured automobile, it is an important principle that the manufacturer is responsible for selling dangerous products.
However, if the accident occurs after the recall order has been issued, then the matter of liability becomes more complicated. Generally, it is no longer automatically the fault of the manufacturer. Rather, it will generally be held that the customer was responsible for the accident by not having their car repaired. Yet, this is not always the case. In particular, the courts still have the power to rule against the automobile manufacturer. Generally, the instances in which this is possible revolve around how long after the recall was issued did the accident occur. Generally, if the accident occurs within a short period of time following the recall order, then the auto manufacturer may still be held liable. Also, if the accident was caused by an additional failure that was not directly stated in the recall order, then the manufacturer may still be liable for any damages.
Vehicular accidents are a tragic affair. Often, they result in injury, death or damaged property. However, these accidents are even more tragic when they are the result of a poorly designed or constructed automobile. When a person is involved in a recall related accident, it is important that they contact an experienced attorney for representation. While there are many instances where the legal code clearly states who is responsible for the accident, there are often instances that are not as clear. The ambiguous cases require experience and professionalism if they are to be successfully pursued.