The Role of Vehicle Recalls in Car Accident Liability 

What Is a Vehicle Recall? 

A vehicle recall is when a car has a defect that could affect safety, or when the issue fails federal safety requirements. Recalls can also include non-safety-related components, such as light switches, heating and air conditioning systems, infotainment and radio systems, paint, and non-structural issues.  

Car recalls can be issued by the vehicle manufacturer, part supplier, or the NHTSA (National Highway Traffic Safety Administration). Anyone who owns or leases that particular model is entitled to a free replacement or repair of the affected components.   

How Recalls Relate to Car Accident Liability 

When vehicle defects are the primary cause of a car crash, liability can be shifted from the driver to the manufacturer. Under product liability laws, manufacturers have a duty of care to ensure their vehicles are free of defects that could cause accidents and injuries. Parts manufacturers could also be held liable when they knowingly supply a car manufacturer with defective components.  

Additionally, after a recall is issued, if a dealership or mechanic fails to repair the recalled part or component, or does so incorrectly, they could be liable. However, if a recall is issued and the vehicle owner fails to have the repair performed, they may remain liable for causing the accident.  

Determining who is actually liable requires a detailed investigation, with assistance from experienced Colorado car accident attorneys. 

Types of Defects That Commonly Lead To Recalls

Common defective areas that could trigger a vehicle recall include: 

• Airbags 
• Seatbelts 
• Advanced safety feature systems 
• Braking systems 
• Acceleration systems 
• Fuel systems 
• Electrical systems 
• Emissons systems 
• Tires 
• Door, hood, and trunk latching systems 
• Suspension systems 
• Steering systems 
• Fire hazards 
• Structural defects 

Signs Your Car May Have an Unresolved Defect 

Some signs that might indicate there is an unresolved defect are: 

• Illuminated warning lights on the dashboard. 
• Check engine, ABS, or airbag lights always remain on. 
• Braking or handling issues. 
• Frequent engine problems. 
• Smoking or burning smells. 
• Strange noises and sounds. 
• Unexplained fluid leaks or excessive fluid usage. 

Another sign is when the same problem persists despite numerous repairs having been made. This could signal that defective parts are being used to make the repairs.

How To Check if Your Vehicle Has an Open Recall 

If the car manufacturer or dealership has your current address on file, you are usually notified via mail about any recalls. You also have a few other options available to check if your vehicle has any open recalls.  

The first one is to visit the NHTSA website. You can search for cars, tires, car seats, and other vehicle equipment. To verify whether your vehicle has recalls, you can do one of the following: 

• Select your state and enter your license plate. 
• Enter the VIN (vehicle identification number). 
• Enter the year, make, and model. 

To check for recalls on car seats, tires, and other products, enter the brand and model.  

Another option is to use the CARFAX free vehicle recall check. You can enter your VIN or license plate number. According to CARFAX, 57.7 million vehicles on U.S. roads had open safety recalls in 2024. In addition, there are currently up to 200,000 open recalls on vehicles in Colorado.   

What Happens If a Recalled Part Causes a Crash? 

If a recalled part causes a crash, one of several things can occur. The vehicle manufacturer, part manufacturer, dealership, or mechanic could be responsible if it can be proven that the defective component was the primary cause of the accidents. However, liability can shift back to or be shared with the driver if they were aware of the recall and failed to take steps to resolve it.  

How Recall Repairs Affect Insurance Claims 

Recall repairs generally have no impact on car accident injury claims as long as the repair was made. However, if the repair was made and the part was still defective, then the claim would be filed against the vehicle manufacturer’s or part manufacturer’s liability insurance. In cases where the driver was aware of the recall but did not have their vehicle repaired, then an injury claim would be filed against their insurance.  Liability could also be shared between the at-fault driver and the manufacturer. The at-fault driver might also be able to file a claim against the manufacturer under Colorado’s modified comparative negligence system as long as they were less than 50% at fault for the accident. 

What To Do if You Were Injured Due to a Defect

The steps to take after being injured due to a vehicle defect are similar to those of other car crashes, with a few additional ones: 

• Call 911 and report the accident. 
• Seek immediate medical treatment for your injuries. 
• File a police report. 
• Gather evidence, including pictures and videos of the accident scene, and contact details for witnesses. 
• Schedule a free consultation with a Colorado lawyer for vehicle recall injuries as soon as possible. 
• Identify the defect with help from a qualified expert, like an accident reconstructionist. 
• Document the defect, including any other injury cases. 
• Have your recalled vehicle lawyer file your injury claim against the negligent party or parties. 

How Bachus & Schanker Helps With Defective Vehicle Accident Cases 

At Bachus & Schanker, our car accident lawyers provide personalized assistance to ensure the responsible party is held accountable for your injuries after a car accident.  

Our process with defective vehicle accident cases includes: 

• Gathering evidence to support a vehicle defect. 
• Checking to see if the NHTSA has issued a formal recall and if others have submitted a case with the NHTSA for the same defect. 
• Consulting with unbiased mechanics and accident reconstructionists. 
• Checking to see if there have been other injury claims filed or settled for the same defect. 

Once we have established that a defect was the primary cause of the crash, we will file your claim against the negligent party and their insurance company on your behalf. Your legal team will handle all insurance negotiations to secure maximum compensation for your injuries. We will also aggressively litigate your case at trial if a settlement cannot be reached. 

Vehicle defect cases require specialized legal assistance due to their complexities. If you suspect your car accident was the result of a faulty part or component, request your free consultation and case evaluation now before filing your insurance claim. 

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