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Auto defects may spark recall, liability claim

Car crashes are the top killer of people under the age of 34 in the United States. However, removing automobiles with auto defects from the roadways in West Virginia continues to be a significant concern. and the rest of the country is one way to increase people's chances of avoiding injuries or death. An auto recall is one way in which to get unsafe vehicles off our roadways before they cause serious car accidents.

Since 1966, nearly 300 million vehicles have been recalled due to safety defects. Auto recalls are needed when motor vehicles are found in non-compliance with the Federal Motor Vehicle Safety Standards. These standards establish requirements for vehicle parts, such as safety belts, tires, brakes and air bags.

Safety defects requiring recalls include faulty accelerator controls and defective steering components. These could cause a driver to lose control of a vehicle. Other defects include wiring system issues that lead to a fire, or tires that break or crack. The National Highway Traffic Safety Administration can require vehicle manufacturers to recall problem vehicles under federal law.

Even if a vehicle with auto defects has been recalled, sometimes the recall is not issued in time. When that occurs, a consumer in West Virginia could end up getting hurt due to the defect. In this situation, the injured party may choose to file a product liability claim against the manufacturer and/or other parties in the consumer supply chain, pursuing the reimbursement of damages. Competent proof of negligence and/or breach of warranty is necessary to establish liability in a manner that satisfies the civil court hearing the case, at which point claims for monetary damage claims will be adjudicated.

Source: Findlaw, "Auto Recalls: The Basics", Accessed on Dec. 6, 2016

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