What Is a Safety-Related Motor Vehicle Defect?

Vehicle defects come from bad manufacturing and design practices. Minor defects are frustrating but don’t affect your safety. Safety-related vehicle defects are much more serious and can cause accidents, injuries, or fatal crashes. Understand what types of defects can put you and your family at risk.

Notify the NHTSA of any safety issues so that the vehicle manufacturer can recall dangerous vehicles. If you are injured in a car accident caused by defective vehicle parts, contact a motor vehicle defect attorney for legal advice.

Definition of a Safety-Related Motor Vehicle Defect

The National Highway Traffic Safety Administration (NHTSA) regulates vehicle safety standards. If automakers don’t meet federal motor vehicle safety standards, the car companies have to recall the dangerous vehicles. Mandatory recalls generally apply to safety-related motor vehicle defects. Not all defects are safety-related.

Under federal law, a safety-related defect is one that affects the performance of a vehicle in a way that protects the public against unreasonable risk of accidents. This includes design defects, manufacturing defects, or performance defects.

Types of Safety-Related Defects

Safety-related defects pose a risk to vehicle safety. Defects generally involve more than just one vehicle. Defects may exist in a group of similar vehicles with the same design, model, or manufacturer. Examples of safety-related defects include:

• Friction and wear on seat belts that causes them to break in a vehicle crash
• Steering wheel malfunctions causing loss of vehicle control
• Fuel system leaks that increase the risk of a vehicle fire
• Electrical and wiring system malfunctions that cause the driver to lose control
• Failing seat backs that drop unexpectedly
• Airbags that prematurely deploy after exposure to humid weather
• Defective car seats that pose a risk of harm

Example of a Safety-Related Defect Recall

From 2009 to 2011, Toyota recalled more than 8 million vehicles because of safety defects causing unintended acceleration. Uncontrolled acceleration is a safety issue because it poses a risk to vehicle safety. As part of the recall, owners had the defective accelerator controls and floor mats repaired and replaced.

What Does Not Qualify as a Safety-Related Defect

If there are non-safety-related defects, the NHTSA generally won’t require a recall. If you want these defects fixed, you will have to go to the dealership or vehicle manufacturer. If your vehicle is still covered by a warranty, the dealership should fix the covered defects. Examples of non-safety-related defects include:

• Peeling or fading paint
• Broken sound system
• Malfunctioning air conditioner
• Rusting body panels
• Draining car battery

Steps to Take if You Suspect a Safety-Related Defect

If you suspect a safety problem with your vehicle, check to see if it is already part of a recall. You can check the NHTSA recall website and search for defective vehicles, car seats, tires, or motor vehicle equipment. You can enter your vehicle identification number (VIN) or search by year, make, and model.

If there is no recall, report your safety complaint to the NHTSA. Reporting the problem can alert the NHTSA and Office of Defects Investigation (ODI) to investigate. If they find a safety risk, they can require the car manufacturer to recall the unsafe vehicles. This can help others avoid serious injuries caused by vehicle defects.

NHTSA Motor Vehicle Safety Recalls

Even the safest cars, trucks, and motorcycles can have vehicle defects. According to U.S. Department of Transportation recall records, the vehicle brands with the highest number of recalls include Chrysler, Ford, and BMW. However, any brand can have vehicle safety defects.

During the recall process, the manufacturer will notify vehicle owners of the safety problem. Owners can then bring their vehicle into the dealership for repairs, replace defective parts, or issue a refund to buy back the car.

If the defect causes an accident after the company issued a recall, the company is still liable. However, the car company can claim you assumed the risk of an accident by continuing to drive a dangerous vehicle. This could reduce your chances of recovering compensation. Don’t ignore a safety recall. If your car has a safety defect, get it fixed by the automaker.

Legal Options for Safety-Related Defects

Automakers are liable for injuries and fatalities caused by safety defects. Injury victims and their loved ones can file a product liability lawsuit for damages.

Any company responsible for putting the unsafe vehicle on the market is liable for damages. You can file a lawsuit against the vehicle manufacturer, distributor, or dealership. A product liability claim can help you get compensation for your medical treatment, lost income, and pain and suffering.

There is a short window of time to file a personal injury claim against the car companies. If you wait too long, the court will dismiss your vehicle defect claim. Contact an experienced attorney for more information about your legal options.