With all of the recent publicity surrounding Toyota’s three recalls of over 8 million vehicles – and now Honda as well – many people are wondering who is responsible for investigating safety complaints for automobiles and how they are investigated. The National Highway Traffic Safety Administration (NHTSA) is the federal agency that is responsible for investigations regarding potential safety defects in automobiles. The NHTSA can begin an investigation based on consumer complaints, reports from automakers themselves or by a petition to investigation.
Once the decision has been made to open an investigation, NHTSA engineers conduct a preliminary evaluation and request information from the manufacturer, such as data on complaints, injuries, warranty claims, modifications, or parts sales. The manufacturer also has an opportunity to present its views regarding the alleged defect. Once the preliminary evaluation has been completed, NHTSA officials decide to close the investigation – meaning they found no grounds to believe a defect exists – or they decide to move to the next step. The next step consists of an engineering analysis. During this phase of the investigation, additional information is gathered and surveys or tests may be conducted. Again, at the end of this phase, the agency may close the investigation or may decide that a safety related defect exists. If they decide that a safety related defect exists, they may send a “Recall Request Letter” to the manufacturer. If the manufacturer does not voluntarily issue a recall, the agency may hold a public meeting wherein all interested parties may present their viewpoints. If the NTSA has decided that a safety related defect exists, and the manufacturer has still not issued a voluntary recall, the NHTSA can order a recall on its own. The manufacturer has the option to challenge the recall in Federal Court if it so chooses. If the manufacturer challenges the order in court, then they are not required to do anything to fix the problem while the case is pending in court. The manufacturer, of course, has the option to issue a voluntary recall at any stage of the investigation by the NHTSA.
As an example of how the NHTSA can prompt a manufacturer to act would be the most recent Toyota recall of the 2010 Prius and Lexus. The NHTSA announced on February 4, 2010 that it was opening a formal investigation into the brake problems that were the subject of a number of complaints. Less than a week later, Toyota officially announced a recall of those vehicles. Unfortunately, the NHTSA was also asked back in November of 2009 to investigate the unintended acceleration problems with Toyota vehicles and declined to do so. Two months later, Toyota finally issued a recall for essentially that exact problem. In the meantime, numerous accidents and four possible deaths were attributed to unintended acceleration.
If you have suffered injuries as a result of an accident involving any of the numerous recalled vehicles, contact an experienced California personal injury and product liability attorney to discuss how you may be able to receive compensation for your injuries.
California’s Leading Accident Law Firm Can Help If You Have Been Injured In An Accident Related To A Defective Vehicle or Product. Please Call The Law Offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.
