Even the most responsible drivers can find themselves involved in serious accidents caused by factors entirely beyond their control. While you may follow traffic laws, maintain your vehicle regularly, and take every precaution behind the wheel, an undetected defect in your car can still put you at risk.
Manufacturers issue recalls when they identify a safety defect that could endanger drivers or passengers. But if that defect causes a crash, and the driver never receives the recall notice (or doesn’t know the problem exists) who takes the blame?
Vehicle recalls can shift financial liability away from the drivers involved and onto the manufacturer or another responsible party. But these cases rarely follow a clear path. To prove liability, you need to show the defect existed, that it contributed to the crash, and that the evidence supports that link.
If you’re facing this situation, a qualified Colorado car accident attorney can help you protect your rights and build a strong claim. In this article, we break down how vehicle recalls impact car accident liability, who may hold legal responsibility, and what steps to take if you believe a defective part caused your crash.
What Is a Vehicle Recall?
A vehicle recall happens when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a defect or safety issue that violates federal safety standards. The goal is to correct the problem before it causes serious harm.
Manufacturers may issue recalls for issues such as:
- Faulty dashboard or warning lights
- Brake system failure
- Unintended acceleration
- Steering malfunctions
- Airbags that deploy with excessive force
Once a manufacturer confirms a safety-related defect, federal law requires them to notify affected vehicle owners and offer a free repair, replacement, or refund.
How Vehicle Defects Can Cause Accidents
Recall-related defects have caused thousands of serious and fatal crashes across the country.
One of the most widely reported examples is the Takata airbag recall. Takata supplied airbags to dozens of automakers, but a defect in the inflator mechanism caused some airbags to explode with too much force, sending sharp metal fragments into the vehicle cabin.
The problem led to at least 28 confirmed deaths and hundreds of injuries in the U.S. alone. Many affected vehicles stayed on the road for years because drivers never received a recall notice or didn’t understand the risk.
Even a small flaw can turn deadly when it compromises a car’s ability to respond correctly in an emergency. And when these defects are tied to a recall (or should have been) it raises serious legal questions about car accident liability.
When Is a Manufacturer Liable?
Manufacturers have a legal duty to design and build vehicles that meet federal safety standards. If a car has a defect that causes injury or death, the manufacturer may be held financially accountable under product liability law, even if they weren’t directly involved in the crash.
A manufacturer may be liable if:
- The defect existed when the vehicle left the factory
- The defect contributed to the accident or injuries
- The vehicle owner did not alter or misuse the vehicle
- The manufacturer delayed or failed to issue a recall
In these situations, victims often work with a car accident attorney to establish fault. Unlike other types of claims, you don’t always need to prove the manufacturer knew about the defect. If the defect existed and caused harm, that may be enough to support a case.
However, in case the manufacturer issued a recall, but the owner ignored it or failed to bring the vehicle in for repairs, it may reduce or eliminate the manufacturer’s responsibility. Courts often consider whether the owner had a reasonable opportunity to act on the recall and whether that failure contributed to the crash.
Recalls and Shared Liability in Colorado
Multiple parties can share responsibility for a crash, especially when a vehicle defect is involved. Colorado follows a modified comparative negligence system, meaning if you’re found to be 50% or more at fault, you cannot recover damages.
If you’re less than 50% at fault, you can still recover losses, but your compensation will be reduced by your percentage of fault.
Here are a few examples of shared car accident liability scenarios:
a) Defective Breaks and Speeding
A brake failure caused by a manufacturing defect, combined with the driver speeding at the time of the crash, could result in a shared fault between the automaker and the driver.
b) Faulty Tire and Improper Repairs
When a tire blows out, but records show the tire was previously repaired improperly by a shop, both the tire manufacturer and the repair facility might be liable.
c) Ignored Recall Notices
If a vehicle recall notice was issued but the driver ignored it, their failure to act could reduce or even bar their claim, depending on how much that choice contributed to the crash.
Colorado courts and insurers look at the full picture. The existence of a recall doesn’t automatically excuse poor driving decisions, nor does driver error erase a manufacturer’s responsibility for a known defect. Every contributing factor matters in assigning fault and determining financial responsibility.
Proving a Defect Caused the Crash
To hold a manufacturer legally and financially responsible, you need more than proof of a recall. You must establish that the defect directly caused or contributed to the accident.
Usually, this requires:
- Accident reconstruction
- Mechanical inspections
- Expert testimony
- Access to recall notices and defect bulletins
- Maintenance and repair records
At Manning Law, our Colorado car accident lawyers work closely with forensic specialists and industry experts to build strong, evidence-backed claims. We focus on connecting the defect to the crash and holding the manufacturer accountable for the harm it caused.
What to Do If You Suspect a Vehicle Defect Caused Your Crash
If you’ve been recently involved in a car accident and suspect a defective vehicle part caused it, acting quickly and carefully can protect both your health and your legal claim.
1) Preserve the Vehicle
Do not authorize repairs, scrapping, or disassembly until the car has been thoroughly inspected by an expert. The vehicle is the most important piece of evidence in a defect-related case. Tow it to a secure location and maintain its condition to help engineers and legal teams properly analyze what went wrong.
2) Request All Recall and Service History
Use your vehicle identification number (VIN) to check for open recalls through the NHTSA recall database. Also, request maintenance and repair records from your dealership or service provider. These documents help establish whether the defect was known, repaired, or left unaddressed.
3) Contact a Car Accident Attorney
These cases are highly technical and may involve going up against large manufacturers and their legal teams. An experienced car accident attorney can coordinate expert inspections, manage insurance communications, and build a case that ties the defect directly to your injuries.
4) Document Everything
Save medical records, crash reports, witness statements, and photos from the scene. Take detailed pictures of the vehicle’s damage, including any failed parts if they’re visible. This documentation supports your claim and helps establish how the defect affected the crash.
5) Report the Defect to the NHTSA
If no recall has been issued, your report can help prompt an investigation. Many recalls begin with consumer complaints. Sharing your experience contributes to public safety and strengthens your legal position.
Final Thoughts
Vehicle recalls are more than just manufacturer notifications: they’re official admissions that something in the car isn’t safe. And when that unsafe part contributes to a crash, it can change the entire conversation around liability.
No one should have to carry the financial burden of a crash caused by a defective vehicle. If you believe a recalled or faulty part played a role in your accident, don’t leave your next steps to chance. Get clear answers and protect your rights from day one.
Manning Law helps injured drivers across Colorado hold manufacturers accountable. Our Colorado car accident attorneys work with top experts to investigate vehicle defects, build solid claims, and pursue the compensation our clients deserve.
Contact us today to schedule a free consultation and find out how we can help with your case.
