If you were involved in an accident and have discovered that a recall may have played a part, you might be wondering about your legal rights and responsibilities. Sorting out blame between drivers, vehicle manufacturers, and others can be complicated. An experienced San Antonio vehicle defect attorney can help guide you through these complex issues.
Legal Responsibilities Related to Recalled Vehicles
Vehicle owners are required to maintain their vehicles and ensure their safety. They can be held liable for mechanical failures caused by their vehicles. If they know about a recall that could impact safety, they have a responsibility to have it repaired. If they fail to do so, they could be liable for resulting injuries.
Manufacturers have a legal duty to warn vehicle owners about defects they discover. Once they have identified a recall, they must issue a recall notice to owners and make the repairs and parts available at no cost. Many manufacturers provide recall information on their websites, allowing vehicle owners to search for potential recalls to help mitigate their damages.
Texas uses a modified comparative negligence system. In some instances, the vehicle owner and manufacturer may both be found at fault for the accident. If the accident victim shared in fault, they can seek compensation for their injuries as long as they were not more at fault for the accident than the defendant. However, their compensation is reduced by their degree of fault.
Proving Liability in a Vehicle Recall Accident
If you were injured in an accident involving a recalled vehicle or automotive part, you will need to demonstrate that the recalled part or vehicle was what caused the accident. For example, a tire blowout could have caused the driver to lose control of the vehicle, or failed brakes could have caused the driver to be unable to stop to avoid a collision. Evidence that may help you establish this key detail could include:
- Information from the vehicle’s electronic data recorder shows that the vehicle did not function properly at the time of the crash
- Accident reports
- Skid marks, property damage, and other physical evidence
- Videos from traffic cameras, dash cams, and surveillance cameras
- Reports from accident reconstruction experts
A highly rated car accident lawyer in San Antonio can help gather the evidence you need to prove your case.
Contact Us Today for a Free Case Review
If you were injured in an accident involving a recalled vehicle or auto part, an experienced car accident lawyer from George Salinas Injury Lawyers can help. We can gather evidence of the needed recall, maintenance, and recall records, and other information to establish liability for an accident. We can anticipate legal arguments from the manufacturer and driver, protecting your rights at every stage of your case. Insurance companies and big businesses want to limit your financial recovery, but we will fight for you to recover fair compensation. Contact us today for a free case review with an experienced car accident lawyer from our law firm who can explain how a recall might impact your case.