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How Much Influence Do Regulators Have Over Defective Vehicles

May 1, 2015 | Category: Automobile Accidents, Defective Products | Share

Three years following the death of a 4-year-old boy in a fiery rear-end Jeep crash, a jury found in March 2015 that Fiat Chrysler acted with "reckless or wanton disregard for human life in the design or sale" of the 1999 Jeep Grand Cherokee in which the boy was riding. They granted $150 million in damages following a two-week trial and almost a two-hour deliberation.

Regulators (NHTSA - National Highway Traffic Safety Administration), according to the April 2, 2015 Wall Street Journal article, deemed the vehicles vulnerable to igniting in rear-end collisions. In spite of the regulators' opinions, Jeep compromised with them in June 2013 and undertook only a limited recall involving 2.7 million Jeeps and an inspection campaign. (This agreement was prior to the verdict in the above case.) Chrysler proclaimed the vehicles safe and without any manufacturing defect related to gas tanks installed behind the rear axle."  

Regulators have tied 51 deaths to fiery rear-end crashes involving 1993 - 2007 Jeeps. The Wall Street Journal further reported that a pregnant 23-year-old died in November 2014 in another fiery Jeep crash. Her 2003 Jeep Liberty was struck from behind outside Detroit and caught fire.

The NHTSA is the agency that investigates potential vehicle recalls, while vehicle manufacturers may voluntarily initiate recalls. In addition, the NHTSA can influence recalls or order them via the courts. If a manufacturer discovers a safety defect it is to notify NHTSA, the vehicle or equipment owners, dealers and distributors. Manufacturers are required to remedy the problem at no charge to the owner. Once a recall has been issued, the NHTSA is required to monitor the manufacturer's corrective action to be sure the corrective action is successfully completed.

Because of the verdict in March, the Wall Street Journal reported on April 10, 2015 that the NHTSA is "weighing reopening a probe of older Jeeps involved in fiery rear-end crashes." Mark Rosekind, head of the NHTSA said the agency is "not satisfied" with the current pace of repairs on the vehicles.

Vehicle owners may often be the first to notice when equipment is not working correctly and may be a safety defect. As a first step, the NHTSA says these vehicle owners should report potential problem equipment to them in order to get it remedied quickly. Should the NHTSA receive similar reports from multiple people they can open up an investigation. Reports may be made through the NHTSA's Vehicle Safety Hotline which collects "accurate and timely information from consumers," (1-800-424-9153). When vehicle-related safety issues are reported to the Hotline, the operator, according to NHTSA, will ask for critical information for the technical staff which will be evaluating the issue. This information which is provided is filed on a Vehicle Owner's Questionnaire (VOQ).

"Regardless of who notices vehicle safety defects or who has influence over setting recalls, manufacturers of vehicles and vehicle parts, distributors, and mechanics are just a few of those who have a duty to provide defect-free vehicles and service," says Fort Myers Vehicle Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Lee, Collier & Charlotte County Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

 

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