March 26 2019

Advice for an Accident Case Involving a Car Under Recall


You can hold a car manufacturer liable for your damages if a car under recall causes your accident. However, you don't have an easy case just because the car was under recall. Heed the following advice to recover your damages.

Connect the Accident to the Recall

You don't have an auto accident case just because you were involved in an accident with a car under recall. You have to connect the recall to the accident and prove that the fault for which the manufacturer recalled the car is the same thing that caused your accident.

For example, if the manufacturer recalled your car due to defective brakes, you don't have a case against the manufacturer if you lost control of the car due to icy roads. However, you may have a case against the manufacturer if the brakes failed you during an emergency and you hit the car in front of you.

Preserve Evidence

You should always preserve evidence whenever you are involved in a car accident. However, evidence preservation is even more critical in recalled vehicles because the stakes are high.

Apart from the usual advice to take pictures of the accident scene and witnesses contacts, you should also not repair the car immediately after the crash. Wait for the other parties to inspect the car and make their deductions. For example, if you claim that the airbag did not deploy in time, the manufacturer will want their expert to confirm your claim.

Prepare for a Battle

Car manufacturers rarely want to accept when their defective products have caused injuries. First, a car defect that causes an accident damages the reputation of the car maker and may even affect its sales. Secondly, the manufacturers want to avoid or minimize payouts in such incidents. Therefore, take the following measures to prepare for the inevitable battle.

Hire an Attorney

You don't need an attorney to process an auto accident claim for minor or straightforward accidents. However, complicated accidents require the input of a skilled legal expert. Rest assured that the defense will have an experienced attorney on their side. Get a similar professional to strengthen your claim.

Hire an Expert Witness

Since you have to prove that the defect caused the accident, get an expert witness to evaluate the case and testify for you in court. Again, the defense is also likely to have an expert witness on their side, so you need an expert to counter the defense's claims.

Consider a Class Action

Vehicle defects that cause accidents are likely to involve multiple victims. Other victims may have filed lawsuits by the time you instigate your case. The other victims may ask you to join together and pursue your damages in a class action lawsuit. In some cases, you may find a class action lawsuit in progress after your injury.

Consider the following pros and cons of a class action lawsuit before you make a decision.


Here are some of the advantages you will enjoy when you join a class action:

  • You share the costs of the case with other plaintiffs
  • Your chance of damage recovery increases
  • You can continue with your normal business as the case progresses

Talk to your lawyer for further advantages of a class action lawsuit.


On the other side of the fence, you can expect the following disadvantages when you join a class action.

  • You don't make decisions unless you are a class representative
  • You are unlikely to recover anything other than monetary compensation
  • You suffer the effects of any incompetence of the members of the class

Evaluate the above cons (and others you may get from your lawyer) to decide whether they are acceptable to you or not.

Contact Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC, as soon as possible if you have an accident case. We will analyze the circumstances of your injury, advise you, and help you recover maximum damages possible.

Advice for an Accident Case Involving a Car Under Recall