Car accidents remain a major concern in Florida, with over 100,000 crashes reported in 2023 alone. These incidents resulted in more than 66,000 injuries and over 830 fatalities. While driver error is a common reason, mechanical issues—especially in vehicles with active recalls—are often the problem. Handling personal injury claims related to recalled vehicles can be difficult, requiring a deep understanding of both legal and technical concepts.
What Happens When a Vehicle is Recalled?
A vehicle recall occurs when the manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a safety-related defect. This defect poses risks to both drivers and others on the road. Once a recall is issued, manufacturers must address the problem through a repair, replacement, or even a refund, at no cost to the vehicle owner. These actions are designed to ensure public safety and reduce the likelihood of auto accidents caused by defective vehicles. However, issuing a recall doesn’t automatically mean the manufacturer is at fault for any subsequent accidents. Determining who is liable for a recalled vehicle accident requires careful evaluation.
Liability in Accidents Involving Recalled Vehicles
Several important factors come into play when a recalled vehicle is involved in an accident.
Manufacturer’s Responsibility
Vehicle manufacturers are obligated to produce and sell safe products. If a defect that led to a recall is the cause of an accident, the manufacturer may be held responsible for any resulting injuries or damages. Their legal duty extends beyond issuing a recall—manufacturers must ensure that vehicles remain safe for the road.
Owner’s Obligation
Vehicle owners are also responsible for maintaining their cars in good working condition. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) encourages regular maintenance to prevent repairs and ensure the safety of drivers and others on the road. If a recall notice has been issued and the owner fails to take action, they could share some of the responsibility for an accident. Ignoring a recall notice may reduce their ability to claim compensation, as this can be seen as contributory negligence.
Contributory Negligence in Florida
Contributory negligence is when the injured party’s actions or inactions contribute to their injury. In Florida, if a defect linked to a recall causes an accident, the manufacturer may still be held liable. However, if the owner knew about the recall and failed to have the vehicle repaired, their negligence could impact their ability to seek compensation. Florida’s product liability laws allow victims to recover damages if the defect directly caused the accident, but owners who disregard recall notices might see their legal options limited.
Why You Need Legal Help in Recalled Vehicle Cases
Given the complexity of accidents involving recalled vehicles, an experienced attorney like Leo Valdes can help identify the responsible parties and build a strong case to secure compensation for your injuries. The office will investigate the details of the recall, assess the circumstances of the accident, and guide you through the legal process to ensure your rights are protected. If you’ve been injured in an accident involving a recalled vehicle, contact Leonard Valdes, a Miami-based personal injury lawyer, at 305-701-4659.