How does a vehicle get recalled?
With all the reports on the news lately about recalls, many of you may be asking the question “How does a vehicle get recalled?” In the United States, the National Traffic and Motor Vehicle Safety Act (originally enacted in 1966 and now recodified as 49 U.S.C. Chapter 301) gives the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards. Since the inception of that Act in 1966, more than 390 million cars, trucks, buses, recreational vehicles, motorcycles and mopeds have been recalled. Most recalls are initiated by the manufacturer themselves and are considered “voluntary recalls”. The NHTSA, however, can initiate a recall based on their own investigation or through a court order. In the United States, if a manufacturer discovers a defect, they are required to notify the NHTSA. They are also required to notify vehicle owners, dealers and distributors. The manufacturer must then remedy the problem free of charge to the owner of the vehicle. The NTHSA is in charge of monitoring the entire process of a recall. They are responsible for making sure that the problem is corrected in a recall.
A recall becomes necessary when either a motor vehicle does not comply with a Federal Motor Vehicle Safety Standard OR when there is a safety related defect in the vehicle or equipment. A safety related defect is considered something that poses a risk to motor vehicle safety AND may exist in a group of vehicles of the same design or manufacture. In most cases, manufacturers make voluntary recalls to remedy safety defects on their new vehicles without NHTSA’s involvement. Manufacturers often discover safety defects through their own testing procedures. Once NHTSA has made a defect determination, the manufacturer has three general options for correcting the defect: repair, replace, or refund the product. Remember, the manufacturer gets to decide which option they choose.. The circumstances of the defect and the overall cost of remedying the problem will determine the manufacturer’s course of action. Occasionally, a manufacturer may not agree with a NHTSA recall and can challenge the recall in court. In this case, the manufacturer is not required to do anything to fix the problem while the case is pending in court.
Unfortunately, it may take a very long time for the case to be concluded in court. Sadly, either before a recall is officially issued, or while a case is pending in court, there may be numerous accidents and injuries attributable to the defect that is the subject of the recall.
If you have suffered injuries as a result of any of the recently recalled vehicles, contact an experienced California product liability and personal injury attorney immediately. You may be entitled to compensation for the injuries you have suffered. Only an experienced attorney can evaluate the facts of your case and advise you as to how to proceed.
If you would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.
