In our previous post, we helped spread the word that there are extremely dangerous pickup trucks being driven in our part of the country subject to “Do Not Drive” recalls. These are 2006 model Ford Rangers and Mazda B-Series pickups with defective air bags that can rupture at any time.
All Recalls are Serious Warnings
These “do not drive” recalls are the most serious kind of alert, because they are instructing the owner or operator that the danger is so great and the risk of harm so high the pickup truck should not be driven at all. Right now, around half of these deadly pickup trucks remain on the road, and unrepaired.
However, we cannot dismiss the seriousness of other recalls because they are not instructing that the car or truck not be driven at all. All recalls of a motor vehicle are serious warnings which should be heeded.
What is a vehicle recall?
Official warnings are issued by the National Highway Traffic Safety Administration (NHTSA) for any component of a motor vehicle sold or distributed in the United States that has an “unreasonably dangerous” defect.
The NHTSA maintains an online database where you can learn if any motor vehicle has a recalled component or part. By inputting the car, SUV, or truck’s vehicle identification number (VIN), you can learn if there are any open recalls that apply to that particular motor vehicle.
Manufacturers can also issue their own voluntary public recalls when the company determines that it has released a product into the marketplace that has a dangerous defect. These recalls are issued in news releases by the manufacturer and may be followed or joined by a corresponding alert by NHTSA.
Recalls can involve serious dangers and a high risk of a severe or fatal accident even if they are not “do not drive” instructions. Consider the recent Fiat Chrysler cruise control recall, impacting 4,800,000 vehicles.
May 2018 Fiat Chrysler Recall: Do Not Use Cruise Control
On May 25, 2018, NHTSA “strongly urged” owners and operators of motor vehicles manufactured by Fiat Chrysler Automobiles (FCA) to follow the recall instructions issued by FCA regarding certain model/make’s cruise control features.
According to FCA, the problem with these motor vehicles is the cruise control may not disengage after the driver decides to use it. Hitting the brake pedal may help. It may not.
- If hitting the brake does not work, then the driver is instructed to shift into neutral and to “forcefully apply the manual brake.”
- Once the driver succeeds in bringing the vehicle to a stop, Fiat Chrysler advises the car should be shifted into park.
Imagine having to follow these instructions on the Borman Expressway during your daily commute.
Popular Mechanics describes what happened to one driver as reported in his complaint to NHTSA:
Seems the cruise control on his 2017 Dodge Journey SUV would not turn off. The driver was driving at 70 mph at the time. He hit the brakes and eventually stopped the SUV. He put the vehicle in park and was not injured, nor was he in a crash.
However, the driver had a difficult time in getting the Dodge SUV to cooperate: the cruise control was pushing to maintain speed so much that the brakes were literally smoking by the time he brought the vehicle to a halt.
See, “Fiat Chrysler Recalls 4.8 Million Vehicles Over Terrifying Cruise Control Flaw,” written by Eric Limer and Associated Press and published by Popular Mechanics on May 25, 2018.
4,800,000 Vehicles in Cruise Control Recall: Is Your Car on the List?
Both sedans, SUVs, and pickup trucks are included in the cruise control recall. These models were manufactured in model years 2014 to 2018.
The specific vehicles recalled because of this dangerous cruise control defect are:
- Dodge Journey MY 2014-2018 SUV
- Dodge Durango MY 2014-2018 SUV
- Dodge Challenger MY 2015-2018 2-Door
- Dodge Charger MY 2014-2018 4-Door
- Ram 3500 MY 2014-2018 Pickup Truck
- Ram 3500 Cab Chassis MY 2014-2018 Pickup Truck
- Ram 3500 Less Than 10,000 Pound Cab Chassis MY 2016-2018 Pickup Truck
- Ram 2500 MY 2014-2018 Pickup Truck
- Ram 4500/5500 Cab Chassis MY 2014-2018 Pickup Truck
- Ram 1500 MY 2014-2019 Pickup Truck
- Jeep Wrangler MY 2018 SUV
- Jeep Grand Cherokee MY 2014-2018 SUV
- Jeep Cherokee MY 2014-2018 SUV
- Chrysler 300 MY 2014-2018 4-Door
- Chrysler Pacifica MY 2017-2018 Van
- Chrysler 200 MY 2015-2017 4-Door.
If you or a loved one own or operate one of these vehicles, then FCA instructions are that the cruise control not be used until the vehicle defect is repaired.
Defective Car Parts Cause Fatal Crashes: Accident Claims
Defects in motor vehicles can be the cause of preventable accidents resulting in serious injuries and wrongful deaths.
When these accidents occur, there are special laws in Indiana and Illinois that provide for the victims of the accident involving a defective or recalled motor vehicle. These legal claims are more complex than those involving the customary motor vehicle accident.
First, there can be a variety of claimants. Those who can be victims of these defective parts include:
- The driver of the motor vehicle with a defective part
- Any passengers of that car, truck, or SUV
- The driver of the motor vehicle that was hit by the defective motor vehicle
- Passengers in that motor vehicle
- Pedestrians who are hit by the defective car, SUV, or truck
- Bicyclists who are injured in a crash caused by the defective motor vehicle
- Motorcyclists who are hurt in a collision with the defective motor vehicle
- Loved ones of any of the above victims who perish in the accident, as defined by the state’s wrongful death laws
Second, the law may provide for not only negligence damages but for a “strict liability” cause of action. In these situations, the manufacturer is sued for damages sustained in the crash under the argument that the victim’s injuries were caused by an inherent defect in its product (the motor vehicle).
If the victim can establish in the evidence that the motor vehicle is defective, then under “strict liability” the manufacturer is considered 100% liable for what has occurred.
Car Defect Lawsuits Seek Justice
Claims filed by victims of motor vehicle accidents involving a recalled car, truck, or SUV will need to follow specific statutory requirements under the state laws of Indiana and Illinois. (The state law to be applied will generally be the law of the state where the accident happened.)
Strict liability claims are more complicated than negligence claims filed in a typical car crash, because the defect must be proven as defective and dangerous. Special evidence including expert analysis (mechanical engineers, etc.) may be required.
Manufacturers will try and assert defenses like the driver knew about the defect and continued to use the vehicle afterwards, without regard for the warning.
This is one of the main reasons that car makers are so eager to issue big media campaign warnings of danger: they are trying to build their legal defense in the event of a fatal accident down the road. Recall warnings are defense arguments for negating or limiting the exposure of the car maker by sharing liability with the driver of the defective car or truck.
If you or a loved one suspects a defect or recalled part in your vehicle, then please take care to investigate your suspicions and get the repair as soon as possible. Also be alert on our roadways to the reality that a great many motor vehicles are being driven with defective parts. Let’s be careful out there!
