How Auto Recalls Affect Accident Lawsuits

Whether in Champaign Urbana or across Illinois, the Champaign Accident Lawyers at Holder Law Group know that we have a certain expectation that when we buy a car or any type of vehicle, it is safe to drive. However, sometimes due to manufacturer oversights or new research, the car, as it was made, has some defective part that may cause accidents or further injury in the case of accidents.  Auto accidents due to defective parts and parts that have been recalled by the manufacturer are common on the interstate highways crossing Champaign County Illinois. Obviously, if a manufacturer fails to recognize defective parts and dangerous conditions in the automobile in time, it opens them to lawsuits, but what if they know and have already sent out recall notices?  Our Champaign Urbana accident attorneys are constantly asked what impact a recall notice has on an accident suit.

Across Illinois and the country as a whole, product recall notices are sent to consumers with dangerous products by the manufacturers every day.  Take, for example, two separate and likely situations of how a recall can impact an accident lawsuit in Champaign Illinois. The first situation involves a driver who receives a recall notice and immediately makes an appointment with the dealership to have it replaced. The second situation is a driver who gets the recall notice, and then promptly tosses it in the trash.

The next day, both drivers get into accidents as a result from the defect, but what happens? While they can recover damages from other drivers whose negligence might have been involved, can they also pursue a claim against the manufacturer under Illinois Law?  These questions are difficult and underline why you need an experienced Champaign auto accident lawyer like Holder Law Group to assist your claim.

This is a tricky situation. Illinois law recognizes contributory negligence, which means if the driver was more than 50 percent responsible for the accident, they cannot be awarded damages.  This will be a decision for the Jury.  In this case, the first driver who made an appointment with the dealership made the effort to get the defect fixed, which shows a much lower percentage of contributory negligence. However, the second driver shows a higher percentage because they chose to ignore recall notice and driver a dangerous car.  Ultimately, both of these situations will need to be proven to the Jury which is difficult in both cases. 

If you were in an auto accident in Champaign Urbana or across Illinois, and believe your injuries are the result of a defect or from the negligence of others, contact us today. If it has been several months after the recall notice, you may not be able to pursue the manufacturer, but you may still be able to recover some damages.