Defective Automobiles & Other Motor Vehicles: Frequently Asked Questions
Who oversees and regulates automobile design and manufacturing?
Automobiles are regulated and recalled when necessary by the National Highway Traffic Safety Administration (NHTSA). NHTSA is responsible for reducing deaths, injuries and economic losses resulting from automobile and other motor vehicle crashes. This is accomplished by setting and enforcing safety performance standards for motor vehicles and motor vehicle equipment, and through grants to state and local governments to enable them to conduct effective local highway safety programs.
How does NHTSA do this?
Among other activities, the agency investigates safety defects in cars and their associated parts and components, such as air bags, seat belts and others. The National Traffic and Motor Vehicle Safety Act gives NHTSA the authority to issue auto safety standards and to require manufacturers to recall vehicles with safety-related defects. Since NHTSA's inception, more than 215 million cars, trucks, buses, recreational vehicles, motorcycles and mopeds, as well as 24 million tires, have been recalled in order to correct safety defects. Many of these recalls have been initiated voluntarily by the manufacturers, while the others have been either influenced or ordered by NHTSA via the courts. If a safety defect is discovered, the manufacturer must notify NHTSA, as well as vehicle or equipment owners, dealers, and distributors. The manufacturer is then required to remedy the problem at no charge to the car or other motor vehicle owner. NHTSA is responsible for monitoring the manufacturer's corrective action for adequacy and for compliance with statutory requirements.
When is a recall necessary?
Recalls are ordered when a motor vehicle or item of motor vehicle equipment (including tires) does not comply with a Federal Motor Vehicle Safety Standard. Federal Motor Vehicle Safety Standards set minimum performance levels for those parts of the vehicle that most effect its safe operation (brakes, tires, lighting) or that protect drivers and passengers from death or serious injury in the event of a crash (air bags, safety belts, child restraints, energy absorbing steering columns, motorcycle helmets) and are applicable to all vehicles and equipment manufactured for sale in the United States.
What is a safety-related defect?
Generally, a safety-related defect is a problem that exists in a motor vehicle or item of motor vehicle equipment which poses an unreasonable risk to safety and is common to a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.
How many reports of a safety problem must be received before NHTSA will look into the situation?
There is no set number. Every letter or call reporting an alleged safety problem is reviewed by agency experts. Although NHTSA has no jurisdiction over defects that are not safety-related, it does review each report that suggests a potential safety defect involving groups of motor vehicles or vehicle equipment.
What happens when NHTSA completes its investigation and believes a safety defect trend exists?
If the manufacturer declines to conduct a recall in response to the Recall Request Letter, the Associate Administrator for Safety Assurance may issue an Initial Decision that a safety-related defect exists. An Initial Decision will be followed by a Public Meeting, at which the manufacturer and interested members of the public can present information and arguments on the issue. Prior to the Public Meeting, the manufacturer is sent copies of all information on which the government's decision is based. A copy of the file is also made available for public inspection in the agency's Technical Information Services Division. During the meeting, the manufacturer may attempt to refute the government's evidence in addition to presenting new information. Public interest groups, other manufacturers, trade associations, and consumers may also present information which will be considered and evaluated by NHTSA's Administrator in making a final decision on whether a safety-related defect exists. The entire investigative record is then presented to NHTSA's Administrator, who may issue a Final Decision that a safety defect exists and order the manufacturer to conduct a recall.
If NHTSA is responsible for monitoring and recalling dangerous and defective motor vehicles and related parts and components, why do people continue to die in poorly designed and manufactured vehicles on our Nation's roadways?
Like any government agency, NHTSA has a finite amount of resources at its disposal. As such, the agency simply cannot discover and rectify every motor vehicle defect. The most recent, but by no means the only example of this failure, involves the Ford Explorer / Firestone Tire incident.
Should I contact an attorney if I have been seriously injured due to a defective car, truck or other motor vehicle?
Perhaps. It may be important for you to contact an attorney who can help you protect your legal rights. Only a licensed attorney can evaluate whether you have a case that is worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which affect your ability to sue.
How much does an attorney evaluation cost in these types of cases?
Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no fees or other costs unless that attorney recovers money for you.
How do I submit my case for a free evaluation?
Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond to you via email.
-- Article Courtesy of InjuryBoard.com
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