Did you know California has the largest number of vehicles with open recalls?
More than 6.2 million vehicles in the Golden State have at least one unresolved safety recall, while more than a million of those have two or more. If you are in a car crash, the chances are that your vehicle could be defective.
Manufacturing defects can cause accidents, sometimes even fatal ones. So, regardless of whether or not you are at fault, you need to know how a vehicle recall can affect your claim and how a car accident lawyer in CA can help you.
Let’s find out.
When is a Vehicle Recall Issued in California?
A vehicle recall is a notice that a manufacturer issues when they discover a defect compromising the safety of a vehicle. The notice tells you that a part or system in your car is not safe.
However, the National Highway Traffic Safety Administration, or NHTSA, also investigates vehicle defects. While some recalls are small, others can be large enough to cover many makes and models.
When a defective vehicle crashes in California, your personal injury claim may get complicated, especially if you’ve ignored the recall.
Who Can Be Held Liable in a California Defective Vehicle Crash?
California is an at-fault state, which means the liability of a car crash falls on the person or party who caused the accident. Typically, it’s the careless or drunk driver, a road hazard, or even bad weather.
But when a defective vehicle is involved in a California crash, determining the fault becomes more complicated than it would otherwise be. It usually comes down to two scenarios:
When the Manufacturer Is Held Liable
If your crash happened because of a defect listed in a vehicle recall in California, the car company could be at fault. This is especially true if:
- The defect directly caused the crash or your injuries.
- The manufacturer did not notify you in time to get the issue fixed.
Many big recalls cover brake problems, airbag failures, or steering issues. If you or another driver has never received a notice or had no chance to repair the car yet, the manufacturer could be held responsible for the crash.
Car makers must act quickly to warn owners about defects. If they wait too long or try to hide the problem, they can be held responsible for injuries and damages. Given how complicated this can be, you should hire a car accident lawyer as soon as possible.
When the Owner Is Held Liable
You might be at fault if you knew about the recall but ignored it. In California, car owners get recall notices by mail, email, or phone. If you put off the repair, even after the warning, insurance companies or the court might say you share the blame.
This could lower the amount you get from your car accident claim. California uses a “comparative fault” rule, meaning the law reduces your compensation if you were partly at fault. That means, if you were 20% at fault, you may still be able to recover damages for 80% of the total case value.
What to Do If You’re in A Defective Vehicle Crash in California?
If you are in a car crash in California, and if you suspect a defective vehicle is involved, be careful of what you do next. The outcomes of your car accident claim may depend on it.
You should:
1. Get Medical Help First
Nothing matters more than your health and safety. Call 911, and get medical help even if you feel fine. It’s not uncommon for people to get back pain, headaches, or joint pain weeks or months after the crash.
Getting medical help on time shows that you looked after your injuries before things got worse. Plus, the medical records help prove your injuries were caused by the crash.
2. Document the Accident
If possible, take photos and videos of the scene, your car, and any visible injuries. Get the names and details of all drivers and witnesses. Your accident report, witness accounts, and pictures are strong evidence for your case.
3. Do Not Fix or Sell Your Car Yet
Leave your car as it is after the crash. Do not fix or sell it. Your car is important evidence if a defect is involved. Your car accident lawyer in CA may need to run it by experts to identify the defect or reconstruct the crash scene.
4. Check for Recalls
Check the NHTSA website or contact your dealer to see if your car has any open recalls. Save any recall emails or letters you have. This helps show the connection between the recall and your accident.
5. Contact a Lawyer
Consult a local, skilled lawyer as soon as you can. If your accident occurred in Orange County, speaking with a local auto defect injury lawyer can help. They know how the local legal system works, what evidence you need, and what’s your best legal option.
Speak with A Lawyer Today
In California, a vehicle recall can affect your personal injury claim. If the manufacturer failed to notify you in time, they can be held liable. On the other hand, you could be partly responsible if you ignored the recall. Given what’s at stake and how complicated your claim can be, it’s best to hire a car accident lawyer in CA.
That’s where we come in. At JSM Injury Firm APC, we help you recover the desired compensation with the right guidance and support. Our lawyers have represented car crash victims all over California.
Call 949-696-6955 or contact us online for a free case review.
