According to a study of critical reasons for crashes by the National Highway Traffic Safety Administration (NHTSA), about 2% of auto accidents happen because of defective vehicles. Even this small percentage means that about 44,000 crashes happen in the U.S. annually due to equipment failures.
Many of these vehicle defects were introduced at the manufacturing plant. When the manufacturer discovers these safety defects, it typically works with the NHTSA to repair or replace the defective parts through a national recall. It may also bear the liability for any injuries and deaths caused by the safety problem.
Adam S. Kutner, Injury Attorneys, has decades of experience standing up to powerful manufacturers and their insurers for their clients. Our lawyers have successfully represented over 50,000 people like you in their quest for fair injury compensation.
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What Is A Recall On A Car?
Congress delegates the authority to set vehicle safety standards to the NHTSA. The agency has standards covering every aspect of vehicles, from the inflation force of your airbags to the depth of the tread wear indicators in your tires.
A recall can be voluntary or mandated by the NHTSA. When the agency receives a complaint, it generally performs the following steps to determine whether to order a recall:
- Screening complaints to ensure they fall under the NHTSA’s authority
- Analyzing petitions and evaluating whether to open an investigation
- Investigating alleged defects and analyzing the purported cause
- Notifying the manufacturer of the conclusions reached in the investigation
The NHTSA or the manufacturer will then order a recall when the investigation reveals that the vehicle fails to meet the safety standards or if the vehicle poses an unreasonable safety risk even if it meets those standards.
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What Is A Motor Vehicle Recall Notice?

The NHTSA uses motor vehicle recall notices to inform owners of recalls on their vehicles. The agency and manufacturer work together to write these notices to inform owners of the risks and the appropriate actions to remedy the safety issue.
To identify owners, the NHTSA uses manufacturer records and state vehicle registrations. These notices will usually get sent to the most recent address for the recorded owner. However, they will occasionally fail to reach the current owner due to sales, moves, or other recent unrecorded changes.
Because of this, the agency provides an online tool for owners to search for open recalls on their vehicles. This tool uses the VIN to inform the owner of a recalled vehicle.
Manufacturer Liability For Recalls
Nevada’s legislature defines product liability as any liability for personal injury or death that results from a product’s manufacture, design, or labeling. This summary matches the common law definition of product liability, which imposes strict liability on manufacturers and anyone in the distribution chain for injuries caused by defective products.
Strict liability means the manufacturer is liable for injuries regardless of its knowledge or intent. Specifically, victims injured by a defective product in Las Vegas can pursue claims even if the following are true:
- The manufacturer did not know the product was defective
- The manufacturer did not intend to distribute the defective products
- The manufacturer was not aware the defect could injure users
Thus, to prevail in a product liability case, the victim only needs to prove the product was defective and the defect injured them.
As noted by the Nevada legislature, product defects fall into three broad categories:
- Design defects inherent in the product
- Manufacturer defects introduced at the factory
- Labeling defects that fail to instruct the user on how to use the product safely
An example of a design defect occurred recently in the largest vehicle recall in U.S. history. Takata airbag inflators used chemicals susceptible to degradation in hot and humid conditions. This defect was inherent in the product. The inflator cartridges also did not include a drying agent.
As a result, the inflators could trigger the airbag even without a collision. Worse yet, inflation could occur with such force that it could rupture the inflator housing and spray the occupant with metal shrapnel. These defective airbags were blamed for at least 27 deaths and over 400 injuries.
Relevance Of Recalls On My Car
Recalls are helpful but not necessary to prove liability for injuries caused by a defective vehicle. On the one hand, a recall accomplishes the investigation the injured victim and their personal injury attorney would otherwise have to conduct to identify the problem. So, auto manufacturer recall claims might get filed quicker than in situations without an open recall.
On the other hand, a recall is not an admission of liability. A case involving a recalled vehicle will usually still need evidence and witness testimony to prove the following:
- The victim’s vehicle had a defect when it left the manufacturer
- The defect caused the victim’s injuries
- The injuries resulted in financial and quality-of-life losses
Moreover, the manufacturer might raise the defense of misuse. The victim may also need evidence to prove they used the vehicle as instructed and did not make any modifications to it that would worsen the defect or its effects.
Additionally, the manufacturer might argue that the victim unreasonably delayed in responding to a recall notice. If the victim knew about the recall and ignored it, they might have assumed the risk that the vehicle would malfunction and injure them in a car accident.
Claiming Compensation For Injuries From Recalled Vehicles

Victims and their families can seek financial compensation from manufacturers when their defective vehicles cause injury or death. While vehicle recalls often help to prove the existence of the defect, legal representation is still vital to prove the other elements of a product liability claim.
Since 1994, Adam S. Kutner, Injury Attorneys, has fought tirelessly for accident victims. Our lawyers have decades of experience assembling the evidence needed to recover fair compensation from large corporations for their defective products.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 34 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.