In Indiana, Illinois, and the rest of the United States, drivers take to the roads every day without understanding how great the risk of a serious or deadly crash is that they face due to motor vehicles remaining on our roadways without known defects being repaired or replaced. We have discussed the crisis of defective products and fatal crashes before, see:
- Unrepaired Recalls in 25% of the Cars on Our Roads Today: Legal Duty of Manufacturer versus Owner of the Vehicle in a Fatal Car Crash;
- Car Recall Crisis: Millions of Defective Recalled Vehicles On the Road; What Happens After a Serious Accident in Indiana or Illinois? and
- Millions of Recalled and Unrepaired Vehicles Drive Indiana and Illinois Roadways Today.
This month brings news that the federal government is taking steps to try and make our roads safer from known recalls in motor vehicles that have not been repaired, leaving the drivers, their passengers, and others on the roads with them at risk of a serious or fatal accident.
Both the executive and legislative branches are at work to try and stem the tide of this longstanding, shocking safety crisis.
Inspector General Auditing NHTSA’s Work Investigating Safety Defects in Motor Vehicle Recalls
On April 13, 2021, the Office of the Inspector General for the Department of Transportation announced a new self-initiated audit will be conducted by the Inspector General into the current dire state of overwhelming unrepaired recalls in motor vehicles being driven in this country, something that is the responsibility of the National Highway Traffic Safety Administration (NHTSA) to oversee.
According to the Inspector General, NHTSA has the responsibility for motor vehicle safety in the United States, and this includes the tasks of (1) investigating safety defects, (2) overseeing safety recall campaigns, and (3) assessing recall effectiveness.
A key concern in this new April 2021 Inspector General Audit involves the notorious Takata airbag recall. The IG reports that while around 50 million of these airbags have been replaced, another 11,000,000 defective airbags are still in vehicles that are being driven today. However, the audit itself will investigate more than the airbag issue, focusing upon the entire ability of NHTSA in “… identifying and investigating safety defects.”
For more on the Takata airbag recall, read: Were Your Car Crash Injuries (1990 – 2015) Caused By Defective Takata Air Bag?
Congress Considering the PARTS Act of 2021
Meanwhile, new pending federal legislation is now being considered by Congress regarding how best to deal with the rampant amount of unrepaired and unresolved motor vehicle part recalls endangering those on the roads of Indiana, Illinois, and the rest of the country. Proposed as the Promoting Auto Recalls Toward Safety (PARTS) Act of 2021, it is described by its co-sponsor Senator Mackey (D- Mass) as a law that will allow the U.S. Department of Transportation to give financial help (grants) to states to be spent in setting up a process where the state will notify motor vehicle owners registered in that state about any manufacturer-issued safety recalls that apply to their vehicle.
The PARTS Act will also force the manufacturers to increase their recall reporting to the federal government, and it will institute a DOT “score card” to be published on an annual basis that reports to the general public on how well (or how poorly) American car makers are responding to getting defective products fixed (i.e., completing their recalls). Read the full text of this proposed federal recall legislation here.
From the Center for Auto Safety’s Executive Director, Jason Levine:
“Over 50 million dangerous unrepaired recalled vehicles remain on our roads today, posing a danger to all drivers, passengers, and pedestrians, often because owners are unaware there’s a defective vehicle sitting in their driveway. Since many manufacturers have not worked hard enough to ensure recalls are completed, an annual scorecard shaming those who fall short in protecting owners will hopefully incentivize poor performers to improve their safety recall performance….”
Examples of Serious Recalls – Motor Vehicle Defects
Recalls are listed online by NTHSA at recalls.gov; the following is a partial list of reported motor vehicle recalls within one 24-hour period in May 2021:
- FORD ( 21V316000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: MAY 05, 2021 Ford Motor Company (Ford) is recalling certain 2016-2019 Explorer vehicles. The retention pins could loosen and allow the roof rail covers to detach from the vehicle.
- JEEP ( 21V310000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: MAY 04, 2021 Chrysler (FCA US LLC) is recalling certain 2021 Jeep Cherokee vehicles. The transmission oil cooler hose may have been incorrectly cured, allowing transmission fluid to leak.
- NORTHSTAR ( 21V305000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 30, 2021 Braun Northwest is recalling certain 2013-2020 NorthStar Ambulance equipped with Weldon V-Mux Vista IV Standard LCD displays used for controlling emergency vehicle lighting and HVAC functions. The di…
- TIFFIN ( 21V306000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 30, 2021 Tiffin Motorhomes, Inc. (Tiffin) is recalling certain 2017-2021 Bus and Phaeton vehicles. The sealing washer may not seat correctly in the pilot bore, allowing the high pressure fuel rail assembly to…
- KTM ( 21V304000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 30, 2021 KTM North America, Inc. (KTM) is recalling certain 2019-2020 KTM 790 Adventure and 790 Adventure R, and 2020 KTM 790 Adventure R Rally motorcycles. The front brake master cylinder piston return sprin…
- MITSUBISHI FUSO ( 21V297000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 27, 2021 Mitsubishi Fuso Truck of America, Inc. (MFTA) is recalling certain 2019-2021 Fuso FEC7T vehicles. The rear leaf spring may break.
- BLUE BIRD ( 21V300000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 28, 2021 Blue Bird Body Company (Blue Bird) is recalling certain 2018-2021 Vision and All American school buses. The drivetrain may experience an electromagnetic noise on the Control Area Network (CAN) bus, w…
- LOOK ( 21V294000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 26, 2021 LGS Industries, Inc. (LSG) is recalling certain 2021 LOOK, Pace, and Cargo Express trailers. The aluminum axle hanger bracket that attaches the axle to the frame may separate and allow the axle to sh…
- PACE ( 21V294000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 26, 2021 LGS Industries, Inc. (LSG) is recalling certain 2021 LOOK, Pace, and Cargo Express trailers. The aluminum axle hanger bracket that attaches the axle to the frame may separate and allow the axle to sh…
- CARGO EXPRESS ( 21V294000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 26, 2021 LGS Industries, Inc. (LSG) is recalling certain 2021 LOOK, Pace, and Cargo Express trailers. The aluminum axle hanger bracket that attaches the axle to the frame may separate and allow the axle to sh…
- GILLIG ( 21V291000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 23, 2021 Gillig, LLC (Gillig) is recalling certain 2020-2021 29, 35, 40-foot Low Floor and BRT buses powered by Compressed Natural Gas (CNG). The overlap between the curb side and street side roof doors is in…
- MACK ( 21V293000 )(SUN, 09 MAY 2021 06:00:00 EST) Dated: APR 26, 2021 Mack Trucks, Inc. (Mack) is recalling certain 2019-2020 LR vehicles. The steering transfer case may have an insufficient amount of oil.
Recalled Parts Contributing to Catastrophic or Deadly Motor Vehicle Accidents
Automotive manufacturers have a duty of safety and care to provide products that are safe for their intended use. If their product (car, truck, minivan, sedan, SUV, ATV, bus, RV, semi-truck, etc.) is released into the marketplace with a defective part or component, then the law requires the safety issue to become a subject of recall.
If the manufacturer fails to issue a recall, then there is clear liability when that defective part causes serious or fatal harm in an accident. However, even if the manufacturer issues a recall but fails to give a proper and reasonable description of the recall itself and the safety concern, then liability can also attach to the manufacturer for things like negligence in the recall itself or in the failure to warn of the risk.
In any fatal or serious motor vehicle accident in Indiana or Illinois, the incident should be investigated not only for the potential negligence of the driver (e.g., speeding, distractions, etc.) but also for the possibility that a defective part subject to recall contributed to the accident and its consequences. In this instance, there may be expanded legal liability involving the manufacturer, the distributor, and other third parties.
For more on fatal crashes and defective products, read:
- We Cannot Depend Upon NHTSA to Protect Against Deadly Motor Vehicle Recall Crashes
- Fatal Accidents When Motor Vehicle Recalls Are Not Fixed: Who is Liable?
- Recalls Don’t Solve the Problem of Defective Product Injuries
- Update on U.S. Car Recalls — Recalls from GM, BMW, Nissan
- GM Recalls: What is General Motors’ Liability for Crashes Going Back 10 Years?
- GM Recalls Millions of GM Cars and SUVs: Congress Is Investigating while Justice Department Begins Criminal Investigation; Is Your GM Car Dangerous?
Indiana and Illinois roads are filled with drivers operating motor vehicles with defective parts subject to recall that have not been repaired or replaced. Please be careful out there!
