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Vehicle Recalls

slow moving trafficThe year 2014 will goes down in infamy for General Motors, after the U.S. auto manufacturer recalled a record 11.2 million vehicles. Last year, they recalled almost 758,000 vehicles. Fox Business News reports that the recalls are linked to at least 13 deaths as a result of faulty ignition switches. Other problems include loose steering components, brake light malfunctions, and faulty wiring that may turn off skid control.

Popular vehicles like the Malibu (2004 – 2012), the Pontiac G6 (2005-2010) and the Saturn Aura (2007-2010) were affected. Though it’s too early to tell what will happen, GM has hired the attorney famous for managing the BP oil spill and 9/11 payouts, which may signal that mass tort compensation is just around the corner.

GM is not the only auto maker in hot water recently. In March 2014, Toyota Motor Corporation settled with the Department of Justice for misleading the public about a defect that caused sudden acceleration in its vehicles. They paid a $1.2 billion fine, in addition to paying out settlements and repair costs as well.

Product recall attorneys at Eisbrouch & Marsh are available to help consumers who have been injured due to auto defects that were later recalled for problems. With more than 25 years of experience going up against big corporations, you can feel confident knowing that you have the very best legal representation.

Who can file an auto defect lawsuit?

Anyone who suspects that a safety-related defect caused their automobile accident may file an auto defect lawsuit.

Safety-related issues include:

  • Steering components
  • Fuel system components
  • Accelerator controls
  • Wheels and tires
  • Engine cooling fans
  • Windshield wiper assemblies
  • Defective seatbacks
  • Wiring systems
  • Air bags
  • Child safety seats
  • Seatbelts, or
  • Faulty components leading to rollover crashes

By law, the NHTSA says consumers may be eligible for a free remedy within 10 years of the date the defect or noncompliance has been determined. There are certain instances where the statute of limitations may be waived for a case. For instance, a judge may grant an extension on the time frame for filing a vehicle defect lawsuit if you did not know the accident was caused by a vehicle defect until some years later, if you have been mentally incapacitated as the result of your crash, or if the injuries from the crash were not immediately apparent.

It’s always best to file an auto recall lawsuit as soon as possible to get the ball rolling on compensation for injuries and property damage.

Recent auto recalls

The list of auto recalls is vast, but one month alone saw the following recalls:

  • May 22 – Toyota issues a recall for 430,500 Highlanders, Lexus GS 350s, and Sienna vans due to 3 safety issues.
  • May 21 – GM issues a recall for 1,339,355 vehicles from 2009-2014, including the Buick Enclave and Chevy Traverse, due to steel cables that connect the front seat belts separating.
  • May 21 – Chevrolet issues a recall of 218,000 Aveos from 2004-2008 for a potential fire hazard.
  • May 21 – Cadillac CTS recalls 19,225 vehicles from 2014 for inoperative windshield wipers.
  • May 19 – Hyundai recalls 137,500 Tucson vehicles from 2011-2014 for loose air bag assembly.
  • May 16 – GM recalls over 2.4 million vehicles from 2004-2012, including the Malibu and Pontiac G6.
  • May 16 – GM recalls 8,208 vehicles from 2014, including the Malibu and Buick Lacrosse for faulty brake pads.
  • May 15 – GM recalls 140,067 Chevy Malibus from 2014 for a hydraulic boost assist that may become disabled.
  • May 13 – Ford recalls 581,986 Escapes from 2013-2014 for doors that may open while driving.
  • May 12 – Chrysler recalls 644,850 Town & Country and Grand Caravans from 2010-2014, which may catch fire.
  • May 12 – Ford recalls 594,785 C-MAX and Escape autos from 2013-2014 for delayed deployment of side airbags.
  • May 6 – GM recalls 56,214 Saturn Auras from 2007-2008 for transmission shift cable fracture, causing rollaway.
  • May 2 – Honda recalls 24,889 Odysseys from 2014 due to passenger airbags that may not deploy.
  • May 1 – Cadillac recalls 50,571 SRX vehicles from 2013 for acceleration issues that increase the risk of a crash.
  • May 1 – Mercedes-Benz recalls 252,867 C300 and C350 vehicles from 2008-2011 for taillight electrical failure.

If you or someone you love has been involved in a recent automobile accident that seemed beyond one’s control, let Eisbrouch & Marsh product liability lawyers do the digging to see if there has been a recent recall that may explain what happened.

How vehicle recall lawyers establish liability

It pays to have a good lawyer who understands which type of legal argument is most likely to win. There are several different interpretations of liability that may arise in a defective vehicle case:

  • Breach of express warranty – Written warranties or guarantees imply liability for the manufacturer.
  • Breach of implied warranty – Certain defects should not be allowed on the market.
  • Strict product liability –Rather than proving negligence, you need only prove the defect and how it injured you.

To prove your claim, your attorney will show that you were injured, that the vehicle you were driving was poorly designed or defective, and that the manufacturing defect was directly linked to your injuries. You will need to demonstrate how your driving had little, if anything, to do with the crash.

Compensation for auto recall lawsuits

The NY Times estimates that, if offered, a possible GM auto recall settlement could easily extend to the $2 billion mark.

Compensation in auto recall lawsuits may include:

  • Loss of use of vehicle
  • Repair costs
  • Diminished resale value
  • Medical expenses
  • Punitive damages
  • Wrongful death, and
  • Loss of earning potential

In one well-known case, 13-year-old Richard Grimshaw was burned by a Pinto that instantly burst into flames after it suddenly stalled in the middle of the freeway and was rear-ended by a Ford Galaxie traveling at low speeds. The boy’s mother perished in the accident and he was terribly scarred. An investigation determined that the Ford Pinto possessed several key defects that led to the fiery crash. The jury ended up awarding Grimshaw $2,841,000, including $125,000 in punitive damages.

NJ vehicle defect attorneys

When you or someone you love has been injured in a devastating car accident due to the negligence of a careless automobile manufacturer, justice must be served. A sympathetic ear and timely answers to your questions can be a tremendous weight off your shoulders during this difficult time. The proceedings for an auto defect lawsuit can be highly technical and complex, so it’s best not to go it alone.

The law firm of Eisbrouch & Marsh is interested in learning more about your potential auto recall lawsuit.

Call 205-342-5545 for a free assessment of your claim. No money is due unless you win a court award or settlement.

  1. Fox Business - GM Adds Aveo Models To Recall List http://www.foxbusiness.com/industries/2014/05/21/gm-adds-aveo-models-to-recall-list/
  2. NY Times – GM Recalls Another 2.7 Million Vehicles http://www.nytimes.com/2014/05/16/automobiles/gm-recalls-another-2-7-million-vehicles.html?_r=0
  3. National Highway Transportation Safety Administration – Latest Recalls & Defects http://www.nhtsa.gov/Vehicle+Safety/Recalls+&+Defects
  4. NHTSA – Recall Process http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm
  5. CBS – Toyota Is Recalling Vehicles Due To Corrosion Concerns http://detroit.cbslocal.com/2014/05/22/toyota-recalls-380000-vehicles-due-to-corrosion-concerns-brake-defect/
  6. NY Times – GM In Settlement Talks Over Recalled Cars http://www.nytimes.com/2014/05/03/business/gm-in-settlement-talks-over-recalled-cars.html