Every single part and component of a motor vehicle must be operating correctly for the vehicle to drive safely. Although consumers trust automobile manufacturers to uphold their legal obligations and produce reasonably safe vehicles, companies often cut corners to save time or money. This can result in defective parts, automotive recalls, and related car accidents, injuries, and deaths.
If you or a loved one was injured in a car accident involving a recalled vehicle or an auto part defect, contact Bowen Painter Injury Lawyers to speak to one of our car accident attorneys today. Our Savannah auto recall lawyers can review your case and go over your legal options at no cost or obligation. Learn more today during a free consultation.
Why Choose Us
- We are trial attorneys with a reputation for going to court and winning groundbreaking results. This can motivate insurance companies to offer larger, more fair settlements to our clients.
- Our Savannah auto recall attorneys provide top-level representation and litigation, keeping our caseload small so that we can commit our full attention to each client.
- Our team operates on a contingency basis, meaning you won’t pay your attorney unless he or she wins your case.
Savannah Automotive Recall Resources
When a motor vehicle manufacturer “fails to warn” drivers of malfunctioning parts, known dangers, or automotive defects or recalls, it can wreak havoc on the road.
Calamity caused by defective parts devastates and changes lives, creates stress, and often fractures families. The automotive recall attorneys at Bowen Painter Injury Lawyers calculate the impact of a life disrupted by a malfunctioning or dangerous product and advises accordingly.
Vehicle Warnings and Recalls
When mechanical failure, tire blowouts from separating plies, faulty seat belts, defective lights, or steering mechanisms fail while driving, it places innocent bystanders and other vehicles in jeopardy as well. Farm equipment failures, truck accidents, and motorcycle wrecks can create damages that reach into a range of a million dollars or more, and ongoing medical needs only add to this amount.
Neglected warnings and recalls do not merely apply to roadway vehicles. Vehicles used for recreation—ATVs, jet skis, and the like—usually reach high rates of speed, and a defective part can cause catastrophic, high-dollar damage to person and property. Severed limbs; burns and explosions; and other personal injuries resulting from defects can create lifetime medical expenses that should be compensated by the at-fault manufacturer.
Automotive recalls occur when a vehicle manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a safety-related defect or failure to meet safety standards. A car defect or safety problem could increase the risk of a car accident. It is essential to understand automotive recalls and the steps to take after receiving a recall notice.
This article discusses consumer rights and protections regarding recalled vehicles under federal law and Georgia law.
What Is an Automotive Recall?
A recall means there’s a safety problem with a car or part, or it doesn’t meet safety rules. Recalls are typically initiated by manufacturers or mandated by the NHTSA to protect consumers.
Common safety-related issues that could prompt an automotive recall include:
- Faulty components that pose a risk of injury or accident
- Defective airbags that could cause unintended deployment or failure to deploy
- Electrical problems that may impact the control of the vehicle or its systems
- Defective brakes that could lead to a partial or complete loss of braking ability
- Fuel system defects that could lead to leaks and fires
- Steering malfunctions that may result in partial or complete loss of control
Any defect in a vehicle, its parts, or systems could create a dangerous situation. Failing to address an automotive recall can impact the outcome of a personal injury case. If the recall contributed to the injury or accident, it could affect liability for damages.
How Will I Know if My Vehicle Is Recalled?
Vehicle owners usually receive recall notices via U.S. mail from manufacturers if their vehicle is subject to a recall. You can also check recall status at any time by entering your Vehicle Identification Number (VIN) on the NHTSA recall website. Many dealerships and manufacturers also offer email notification sign-up services for ongoing updates.
Legal Requirements Concerning Recalls in Georgia
Several legal requirements under Georgia law protect vehicle owners and others in the event of a recall. Things to know about automotive recalls include:
Notification and Repair
According to Georgia Code §40-1-231, a vehicle owner cannot make available a vehicle for public sharing, such as in peer-to-peer car sharing, if it has an outstanding safety recall. If a recall notice is received, the vehicle must be removed from sharing programs until repairs are completed and documented. The owner must ensure the repairs are made before allowing the vehicle to be rented by another person.
Recalls Must Be Repaired Free of Charge
Manufacturers and dealers must fix recall-related defects at no cost to the consumer. If dealers refuse to perform recall repairs free of charge, they can be reported to both the manufacturer and NHTSA for enforcement.
Dealer Compensation for Recall Repairs
Georgia law requires franchised dealers to be compensated for labor and parts used in recall repairs, with the compensation regulated according to the state’s warranty reimbursement statutes. This requirement helps ensure dealers do not try to charge customers for recall repairs.
Lemon Law and Reacquired Vehicles
Georgia’s Lemon Law offers protection for vehicles with repeated defects, including some that may arise from recalls. If a manufacturer reacquires a vehicle under this law, strict disclosure rules apply for resale, including providing consumers with warranty activation and a detailed notice of the vehicle’s history.
Dealers must provide the specific “reacquired vehicle” disclosure form prescribed by the Georgia Attorney General to consumers purchasing or leasing a reacquired vehicle. The manufacturer is required to warrant the defect that caused the reacquisition for one year or 12,000 miles, whichever occurs first. It must also notify the Attorney General’s office that the warrant has been activated. Failure to comply is a violation of state consumer protection laws.
Our Savannah car recall lawyers can help you understand more during a consultation.
What to Do if Your Vehicle Is Recalled in Savannah, GA
If you are notified of an automotive recall, steps to take include:
- Check Your Vehicle’s Recall Status: Use the NHTSA online tool or contact your manufacturer.
- Schedule Recall Repairs Immediately: Recall repairs are required to be performed free of charge at authorized dealers.
- Retain Documentation: Keep all recall notices and repair records for your legal protection.
- Report Problems: If a dealer refuses to perform recall repairs free of charge, report this to the manufacturer and NHTSA.
- Seek Legal Advice: If you have been injured or damaged due to an unrepaired or defective vehicle, consult an experienced Savannah automotive recall attorney to discuss your potential claims.
By understanding your rights and the manufacturer’s obligations under Georgia law, you can ensure your vehicle is safe and legally compliant. You also protect your safety and the safety of others on the road.
What Is an Automotive Recall?
An automotive recall means that the manufacturer or a safety organization, such as the National Highway Traffic Safety Administration, has discovered an issue with a vehicle or part that could present a safety risk to consumers. A recall is a notice that informs the public of the defect and recommends what consumers should do to protect themselves and remedy the issue, such as going to a dealership for a free repair.
If an automaker carelessly or intentionally fails to warn consumers of known hazards, such as malfunctioning parts or automotive defects, the results can be disastrous. State law holds that if a vehicle manufacturer fails to or delays in issuing a recall that could have prevented an injury or death, the victim may be eligible for financial compensation. Let a Savannah automotive recall attorney help you understand more.
Common Types of Automotive Recalls
Over the years, dozens of popular automobile manufacturers have announced recalls for defective cars and parts. These include Ford, Toyota, BMW, Honda, Mazda and Nissan. Automotive recalls have ranged from minor to major, with some involving hundreds of severe injuries and even deaths before the issues were discovered or publicly announced.
Some of the most common auto parts that contain design, manufacturing, and marketing defects include:
- Accelerators
- Airbags
- Brakes
- Electrical elements
- Fuel systems
- Roof systems
- Seat belts
- Seatbacks
- Self-driving software
- Starters
- Steering components
- Tires
If you believe that a defective auto part or a recalled vehicle contributed to your recent car accident in Savannah, Georgia, the law may entitle you to financial compensation for your related losses (known as damages), including property repairs, medical bills, lost wages, and pain and suffering.
Who Is Responsible for a Car Accident Involving a Recalled Vehicle?
In most personal injury and wrongful death cases involving recalled vehicles, the at-fault party (defendant) is the manufacturer or distributor of the car. This is because it is the manufacturer’s legal responsibility to properly design, produce and safety-test its vehicles before releasing them to the public. It is also the manufacturer’s obligation to announce recalls immediately.
If a manufacturing company fails to fulfill these duties of care, it can be financially responsible for a victim’s related injuries and losses. If your loved one was killed in an accident due to a recalled vehicle in Georgia, it is important to consult with an experienced Savannah wrongful death attorney for legal advice on how to proceed with your case.
At Bowen Painter Injury Lawyers, our Savannah automotive recall lawyers have more than 20 years of experience representing clients in Georgia, South Carolina, and Florida against major corporations, including automakers. We can review your case for free and help you to understand your legal rights.
If we believe you have a personal injury or wrongful death case related to an automotive recall, we can take the necessary steps toward achieving justice and financial compensation on your behalf. Call today.
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