Who Gets Charged With Liability When Recalled Car Is In A Collision?

Maybe you do not feel that you would be apt to collide with a recalled car. Your feelings reflect the fact that recalled cars do not carry any sort of visible insignia. If you feel highly skeptical about the chances that you might one day collide with a recalled automobile, then you had better study the statistics. Statistics show your ideas about that particular risk need to change. Statics show that 1 out of every 6 cars on the road is a recalled automobile.

So, how did so many recalled automobiles get onto the road? Were the manufacturers not sending notices to car owners? Sadly, too often, that was not the case. Instead a notice was sent out, but the person that received it chose to ignore it.

Grounds available for suing the manufacturer of a defective automobile

If evidence shows that the defect caused a given injury, then the manufacturer can be sued. Personal Injury Lawyer in Sudbury for client must seek the answer to this question: At what stage of the production process did the defect become part of the item being put together in a plant?

Places where defect could get introduced

Defect could be introduced during design stage. Maybe the design of the entire vehicle will prove defective, once that same vehicle gets on the road. Alternately, there could be a defect in the design of a particular part.

The method used for manufacturing a given model could be defective. Not every employee in the plant would need to do a poor job; just one mistake by one worker could lead to introduction of a defect. A perfectly good part might get placed in the wrong spot, or it might display the effects of a sloppy installation. In either case, a defective vehicle would come off the assembly line and get sent to some dealership.

The method that was used for delivering messages to specific car-buyers could have been defective. Maybe the manufacturer failed to issue a clear warning message. The message could come in the form of a letter, a posted announcement or even a simple warning label on a poorly-constructed part.

What should evidence show?

In order to place a charge of liability on the manufacturer of the recalled car, the court must be convinced of a link between the injury-causing accident and the defect. If a large number of drivers choose to ignore the notice about a car’s defect, then a lawyer will find it hard to convince a jury that a specific manufacturer can be held liable for a certain accident.

If drivers made a point of responding to such notices, the situation would improve. A manufacturer’s failure to send out the anticipated notice would certainly count as negligence. The negligent manufacturer could get sued.