Car recalls ensure that unsafe vehicles are removed from our roads to protect
motorists from malfunctions caused by defective auto parts, which can lead to
car accidents. According to the Federal Motor Vehicle Safety Standards, they occur when
a vehicle or auto component fails to comply with federal standards or
when there is a defect related to safety.
A recall is issued when either an automaker discovers a defective auto
part on its own and calls for a recall voluntarily or if consumers experience
an issue and file a complaint with the manufacturer or government regulator.
Manufacturers are required to alert registered owners and consumers by
letter when their vehicle is affected by a recall.
The following are the proper steps to take if you receive a recall letter
from an automaker:
-
Repair your vehicle – Federal law mandates manufacturers to repair the defect without
any cost to consumers. This often occurs when defects are minor and easily repaired.
-
Replace or refund your vehicle – No matter how many times some vehicles get repaired, they never
seem to work. These cars are considered “lemons”, which are
vehicles that have a defect which significantly hinders a motorist’s
ability to properly drive it. If your vehicle is a lemon, you are entitled
to a replacement car or refund. If a dealership refuses to either replace
or refund your car, get in touch with a lawyer to determine your legal options.
-
File a
product liability lawsuit
– Unfortunately, sometimes addressing a recall can be too late. If
you suffered an injury caused by a defective auto part or vehicle, you
can file a product liability lawsuit against the automaker or manufacturer
to recover compensation to pay for medical expenses, lost wages, emotional
distress, and pain and suffering. You must prove that the vehicle was
defective when you initially bought it, you were using the vehicle in
the appropriate manner, and that you suffered damages caused by an auto
defect. Unlike many other personal injury lawsuits, you are not required
to show if the manufacturer was negligent or a mistake occurred during
production of the vehicle.
For more information about car recalls in Texas,
contact our Fort Worth product liability lawyer at the
Law Office of James M. Stanley today.