Individuals who have been in a car accident can be caught amid lawsuits and a host of other headaches. For example, if a person is found to be at fault for an accident, that means that person is liable (responsible) for the accident. But in most cases, drivers are more likely to find themselves as the defendant in an issue, and the defendant may bring a lawsuit to cover damages not covered by the car insurance of either party.
There is something known as a no fault car accident is certain states whereby law, every driver needs car insurance. However, that doesn’t always result in reasonable compensation for either the defendant or the plaintiff. Auto recalls can affect liability and all parties at fault. If you have been in an accident and a recall was issued on your vehicle, you have several legal considerations in pursuing compensation for damages.
If you are in an accident and it is your fault, you are liable for the accident, but, even in no-fault states, lawsuits can be brought between a plaintiff and defendant when a car accident happens. For example, in some no-fault states, a driver can seek legal action to cover the cost of repairs, but not for pain or suffering caused by an accident.
If drivers did not act on a recall or get it repaired, the court might rule that the driver is responsible for the accident, even in a no-fault state. However, if the car manufacturer was negligent or failed to provide recall information quickly, the manufacturer may be liable for the accident. In certain cases, determining liability in an auto accident can be directly related to vehicle recalls.
Another consideration is the number of defendants in a recall lawsuit. Defendants may include manufacturers as well as dealers.
A wrongful death occurs due to an unlawful act, negligence, default, or breach of contract by one party that causes another party’s end.
“To name a car manufacturer in a wrongful death suit, a lawyer must prove that the manufacturer or company was negligent, this includes when a vehicle is defective for a number of reasons, or in breach of a sales contract between the seller and buyer”, says personal injury attorney Allen Tittle of Tittle & Perlmuter. Laws differ from state to state as to who can file a claim on behalf of a deceased individual.
Suppose a death occurs due to a car accident due to complications for a recall. In that case, remaining family members are faced with heartbreak and unexpected medical, funeral, and other costs. A wrongful death claim can recover loss of income, hospital costs, funerary costs and help relieve pain and suffering. Automobile accidents can cause death, leaving family members and loved ones with the emotional and financial hardship that exceeds the car repair costs. A recall issue could determine whether a manufacturer or car dealership is named in a wrongful death suit.
Recalls do Matter
Car accidents are traumatic and heart-wrenching. If you are involved as a defendant in a civil lawsuit seeking damages for liability, it can be costly and hamper emotional healing and recovery. Being in such a situation can be highly stressful and scary to anyone. If you think that your car accident resulted from a recall, contact an attorney as soon as possible. An attorney might be able to help you reduce your liability and possibly name other defendants such as the car manufacturing company or the dealership who might be liable for the accident.
Know Your Rights
If death is a result of a recall, plaintiffs and victims seeking damages can get justice by naming the car manufacturer in a wrongful death lawsuit. In this case, it is essential to know your rights regarding automobile recalls, auto accidents, and liability, and car accidents. You may even be eligible to be compensated with a new vehicle. If a manufacturer’s flaw has violated your right to drive and operate a safe car, the manufacturer’s negligence could change the entire case in your favor.