Can I Sue an Automaker If My Car Was Recalled
Driving a recalled vehicle is risky for everyone on the road. Unfortunately, some people are unaware that their car was recalled while others may not be able to immediately address the issue. Because recalls can complicate car accidents and injury compensation, it’s important to speak with a car accident lawyer.
If you have been injured while driving a recalled car, you may be wondering, “can I sue an automaker if my car was recalled?.” Serving Scranton, PA, Stroudsburg, PA, and Wilkes-Barre, PA, the attorneys of Foley Law Firm answer this question and more during client consultations.
What Does It Mean When a Car Is Recalled?
When a recall is issued for a car, it means that there is some defect in the vehicle that makes it unsafe to operate.
Once a defect is found and brought to the manufacturer’s attention, they may voluntarily recall the vehicle. If the manufacturer won’t recall the vehicle, a government agency, like the U.S. Food and Drug Administration (FDA), will issue the recall.
What Happens Once a Car Is Recalled?
Once a car is recalled, attempts are made to alert all distributors, car dealerships, and purchasers of the defective vehicle. Notices are also usually posted online and may be reported in the news, depending on the nature of the recall.
Recall notices explain the dangers of the defect as well as how to have the car repaired or replaced.
Continuing to drive a recalled car, whether knowingly or unknowingly, can put consumers at risk of accidents and injuries. In the event an accident occurs, consumers may be able to recover compensation through a lawsuit.
Automakers May Be Sued Through a Product Liability Claim
If someone is injured while driving a recalled car, they may be able to recover compensation for their injuries and hold the automaker liable through a product liability lawsuit.
A product liability claim may be brought against an automaker if the car has a defect that makes it dangerous to operate.
Through a product liability lawsuit, it may be possible to sue an automaker for a variety of damages including:
- Hospital expenses
- Physical therapy
- Lost income
- Pain and suffering
Recalls and Liability
Evidence of a recall is sometimes allowed in court to support claims that a vehicle was defective in some way, but it should be noted that recalls do not automatically make an automaker liable for an accident. Likewise, issuing a recall for a vehicle doesn’t free an automaker of liability in the event of an accident.
When suing an automaker in a product liability case, the plaintiff must provide evidence to prove that the car was defective and the defects caused the injuries.
Simply issuing a recall is not enough to relieve the automaker of liability. Automakers usually need to show that the notice of the recall directly reached the plaintiff and that the recall notice was sufficient in alerting the plaintiff of the risks of operating the defective car.
Contact the Foley Law Firm
If you have been injured while driving a recalled vehicle, it’s important to speak with an attorney. The car accident lawyers of the Foley Law Firm can review the details of your claim to determine if taking legal action is right for you. Please contact us online to schedule a consultation.
