Defective Auto Parts and Recalls

Unfortunately, auto accidents happen every day. Distracted drivers, speeding, and inclement weather all play their roles. However, sometimes, the cause is less obvious: defective auto parts.

Imagine hitting the brakes, only to feel the pedal sink to the floor without your vehicle slowing down. What if your truck’s tailgate opens by itself, letting your load slide into the road? Or picture your airbag, a device designed to save your life, deploying explosively and injuring or killing you.

All three of these are real-world examples of defective auto parts and recalls. Understanding your rights in such a situation is crucial.

Are defective auto parts really that problematic?

Just how prevalent are defective auto parts today? And what is their impact on automotive safety? According to the National Highway Traffic Safety Administration (NHTSA):

• In 2% of crashes investigated by the NHTSA, a defective auto part was the primary cause.
• That equates to roughly 44,000 accidents every year in the United States.

What are my options if a defective auto part causes an accident?

If you’re involved in an auto accident caused by a defective auto part, you’ll need to take a few steps:

1. Make sure everyone’s safe and call for medical help. If necessary (and possible), move the vehicles out of traffic lanes.
2. Document the accident. Photograph the scene and the vehicles if you can (including the defective part).
3. If anyone is injured or killed, you’ll need to file a Motor Vehicle Collision Report with the Washington State Department of Transportation (the police may do this for you).
4. Hire an attorney. If the defective auto part caused an at-fault accident, you’ll need someone to fight for you and hold the manufacturer accountable. Note that the manufacturer may not be the automaker.
5. Work with your attorney to explore your options here, including:

• Filing a claim against the manufacturer.
• Starting a personal injury lawsuit.
• Explore your warranty coverage and/or product liability laws.

How do recalls work?

Generally, a company should issue a recall when a component in a vehicle or another product doesn’t function as designed. When it comes to cars, the NHTSA states that a recall is necessary in two cases:

• “When a motor vehicle or item of motor vehicle equipment (including tires) does not comply with a Federal Motor Vehicle Safety Standard”
• “When there is a safety-related defect in the vehicle or equipment.”

So, what constitutes a safety-related defect? Under the United States Code for Motor Vehicle Safety (Title 49, Chapter 301), it would be “any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment” that poses a safety risk and exists in a group of vehicles of the same age, design, manufacturer, or items of equipment in those vehicles.

For instance, all Ford F-150s and Super Duty trucks manufactured between 2017 and 2019 used the same technology for their automatic tailgates. Those tailgates could come down by themselves while the vehicle was in motion, causing serious risks to the driver and others on the road.

If such a recall happens, the automaker will send a letter to all registered owners/purchasers of affected vehicles describing the defect, its risks, and what a mechanic needs to do to fix the flaw. The letter will also explain warnings to look for or identifying markers to help you determine if your vehicle is affected and explain what you need to take care of the recall.

If you didn’t receive a letter but suspect your vehicle is impacted by the recall, there are some steps you can take to make sure you aren’t driving a dangerous vehicle. Even without a letter, the automaker is still required to repair the issue if your vehicle identification number (VIN) is subject to any active recalls. You can also use the NHTSA’s mobile app (Safercar) to check for recalls.

Are manufacturers required to fix the issue?

If a recall is issued (either voluntary or mandatory), the manufacturer is required to make the situation right by either repairing or replacing the part, offering a refund, or (rarely) repurchasing the vehicle. If the manufacturer doesn’t honor the recall, you can file a complaint with the NHTSA. In some cases, you may be able to pursue a lawsuit against the manufacturer.

What is a lemon law?

Lemon laws protect consumers from having to buy a vehicle with significant defects that can’t be repaired. Note that there’s no national lemon law. Each state has its own, so they vary a little, but the focus is generally the same: protecting consumers from defective vehicles and holding dealerships, automakers, and part manufacturers accountable.

In Washington State, the rules are as follows:

1. The defect must significantly impair the vehicle’s use, value, or safety.
2. The manufacturer must be given a reasonable number of tries to diagnose and repair the issue.
3. The vehicle must have been purchased or leased in Washington State.
4. The vehicle must be registered in Washington State.

Protecting yourself and others from defective auto parts

Despite manufacturers’ best efforts, auto parts can be defective. They can affect everything from your ability to drive your vehicle to your safety, that of your passengers, and even other people on the road. It’s important to stay informed about recalls for your vehicle, as well as any potentially defective parts.

Note that some parts are used across a very wide range of vehicles, so a single-part recall could affect vehicles from multiple automakers. The Takata airbag recall is a good example. It affected vehicles made by 19 different automakers.

If you or a loved one have been injured in an accident related to a defective auto part, it’s important to work with an experienced attorney. At Smith McBroom, our team of dedicated personal injury lawyers will fight for your rights and hold manufacturers accountable.