If you suffered injuries, property damage, or both due to a defective car part, you could have a valid claim for compensation against the car or parts manufacturer. To recover damages, you need to know what to do if a recalled car part caused your crash. You must prove the defective part caused your accident, which can be challenging on your own.
Fort Myers car accident lawyers can help drivers involved in a single-car collision caused by a defective part or drivers injured by another driver whose car malfunctioned due to a recalled part. You can get a free claim evaluation with a personal injury law firm in your area to learn more about your rights and the automaker’s responsibilities.
Is the Automaker or Part Maker Liable for a Car Accident Caused by a Recall?
You could have a claim against multiple negligent parties. The best way to understand your legal options is to work with a Fort Myers car accident lawyer. Your personal injury lawyer can guide you through the financial recovery process from start to finish and fight for optimal financial recovery.
When to Seek Compensation From a Negligent Driver
If driver error caused your accident, but a faulty steering wheel, headrest, or airbag caused or exacerbated your injuries, the at-fault and the parts’ manufacturer could share financial liability under Florida’s modified comparative negligence law.
For example, a driver may have rear-ended your vehicle due to following too closely, but your headrest failed to protect you because it collapsed on impact. In this case, both the negligent driver and the manufacturer of the defective headrest could be held financially responsible for your injuries. Your lawyer will investigate how each factor contributed to your injury and allocate liability accordingly.
Understanding Florida’s comparative negligence laws is critical. If you’re found partially at fault, your compensation could be reduced proportionally. A Fort Myers personal injury lawyer can help argue against exaggerated blame from the other parties to ensure you receive a fair share of damages.
When to Seek Compensation From the Car’s Manufacturer
If the car you were driving, or the car that hit you, had a known recall related to a defect, you could pursue the automaker for compensation. A Fort Myers product liability lawyer can investigate the reason for the recall and its contribution to your accident.
A car recall’s meaning extends beyond technical malfunctions—it represents an automaker’s acknowledgment of a potentially dangerous issue. What happens when a car is recalled involves notifying vehicle owners, fixing or replacing the defect at no cost, and reporting the actions taken to ensure compliance. If the automaker fails in any of these duties, it could be liable for resulting injuries.
A lawyer can review the recall timeline and maintenance history of the vehicle involved. If a defect was identified months before the crash and no corrective action was taken, this strengthens the case against the manufacturer.
A Fort Myers Personal Injury Lawyer Can File Your Insurance Claim
The meaning behind a car recall can vary. Generally, though, National Highway Traffic Safety Administration (NHTSA) guidelines may initiate a vehicle or parts recall due to a safety concern. An automaker could also issue a voluntary recall on its own.
A local attorney will know what happens when a car is recalled due to a defect. They can also prove whether you did or should have received appropriate notification and file your insurance claim accordingly.
Your attorney will also handle direct communication with your insurer, managing paperwork and documentation. Insurance companies may attempt to downplay your injuries or deny liability due to unclear circumstances surrounding the defect. A lawyer ensures your claim includes detailed medical records, repair history, and recall notices that support your case.
Additionally, your Fort Myers personal injury lawyer can coordinate with experts such as accident reconstructionists or automotive engineers to provide compelling evidence. Their analysis can link your injuries to the defective part and establish the manufacturer’s liability.
A Lawyer Can Meet the Car Accident Statute of Limitations
In general, you have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. If the statute of limitations expires, the court could bar you from filing your lawsuit at all. A lawyer can help you meet the filing deadline and avoid the potentially costly consequences of filing your lawsuit too late.
How to Know If Your Car Is Under Recall
One of the simplest ways to determine if your vehicle is affected by a recall is to check the National Highway Traffic Safety Administration (NHTSA) website. You can enter your Vehicle Identification Number (VIN) to see if any open recalls apply to your car. Vehicle owners should also pay attention to recall notices mailed to their homes, as manufacturers are required to notify registered owners of affected vehicles.
If you’ve recently purchased a used vehicle, it’s a good idea to run a recall check, especially if the previous owner failed to address open recalls. Your Fort Myers car accident lawyer can help you verify your recall status if you were injured in a crash involving a suspected defect.
What Happens When a Car Is Recalled and the Owner Does Nothing?
If you ignore a car recall, you risk serious injury if the defective part malfunctions. In legal terms, your inaction could also affect liability. If the automaker proves you were notified of the defect and failed to take corrective action, they may argue that your negligence contributed to the accident.
However, if you never received a recall notice or purchased a used car that had an unrepaired defect, liability could still fall on the automaker. Your Fort Myers personal injury lawyer will investigate these details to determine who had a legal duty to act and whether they failed in that responsibility.
Call (954) 633-8270 to Reach a Car Accident Team Member
At the Law Offices of Wolf & Pravato, our car accident attorneys handle all types of cases, so we know what to do if a recalled car part caused your crash. We will take on the insurance company and fight hard to maximize your financial compensation.
Contact one of our consultation team members today to learn more about your right to compensation.
