Hardly a month goes by without news of a huge recall from a big auto manufacturer. Toyota, Honda, GM, and all the other big names have issued recalls that affect hundreds of thousands of cars.
New clients ask us about it all the time. They say, My car was under a recall at the time of my injury. Will it help my claim?
The answer gets complicated in a hurry. In this post, we’ll break down the core issues involved with auto recalls in personal injury cases.
When a Recall Has an Affect
Simply put, there must be direct evidence that the defect in the recall caused your injury. So here’s a scenario where it could potentially help your injury claim:
Your car’s manufacturer has issued a recall because of a faulty belt buckle. On your way to the dealership, someone runs a stop sign and slams into the side of your car. Your belt buckle breaks, causing your head to hit the steering wheel. Your resulting injuries a broken nose, a strained neck, or whiplash, for example come from the impact that would have been prevented if your seat belt had worked properly.
In the above scenario, you’d potentially have a case against the auto manufacturer. We’d discuss the quality of the evidence, the chance the court will allow recall evidence to be used, and possible next steps.
When a Recall Doesn’t Come into Play
If the defect doesn’t play a role in the accident, it can’t play a role in your claim. To prove the elements of a product liability case, the particular product defect must directly cause the injuries.
Want to Know More?
If you live in the Philadelphia area and have been injured in a car accident through no fault of your own, our law firm can help make sure you’re compensated to the maximum extent of the law. We pay attention to auto manufacturer recalls and can work with you to determine if it played a role in your case. Contact us today by calling (267) 627-4JOE (267-627-4563) or through our Free Consultation Form on www.joemitchellattorney.com.
