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The House Energy and Commerce Committee is considering making changes to the process of product recalls for motor vehicle defects.  The draft bill created by the Committee includes a provision that requires safety agencies to prepare recall notices only after coordinating with vehicle manufacturers.  The draft bill would also prohibit the release of recall notices until every vehicle identification number (VIN number) that was affected by the recall was identified. The head of the National Highway Traffic Safety Administration (NHTSA), however, has been sharply critical of the proposed changes and the impact they could have on safety.

Unfortunately, the recall process already has many shortcomings. Often, manufacturers do not end up recalling products right away, even if the products are known to cause harm. Delays occur, sometimes for years, because sometimes it is more profitable for the company to avoid coming forward. Many people who own products subject to a recall may also not be aware of the fact their car, car seat or other consumer product has been found to be unsafe. 

The difficulty associated with recalls is one big reason why manufacturers (especially car manufacturers) are expected to do pre-product testing to make sure any items they sell are safe for consumers.  Manufacturers, distributors and resellers can be held liable under any circumstances where a defect in a product causes harm when the product was used for its intended purpose. 

Strict liability (automatic liability) rules apply so there is no requirement to prove negligence in cases where unsafe products are sold.  Ft Myers personal injury attorneys can help victims injured by dangerous cars or other unsafe products to make a claim for damages after harm is sustained. 

New Safety Protocols Could Make Consumers Less Safe

According to the New York Times, the NHTSA spokesperson is not the only one speaking out against the auto safety proposals included in the draft legislation. Several Democrats on the House Energy and Commerce Committee are also warning that the proposed changes could be dangerous. 

By requiring coordination with manufacturers, as well as the collection of all VIN numbers prior to a recall announcement, the process of taking the dangerous product off the market could be significantly delayed.  The company responsible for the defect would also end up being in control over the timeline of the recall.  A slower timeline and a longer period of time before unsafe products are fixed or removed from the marketplace means more people could be injured or killed by a dangerous vehicle, malfunctioning car seat or other product that fails to operate safely when used as intended.

The new proposal does try to take some steps towards actually increasing safety, including giving carbon credits for vehicles that incorporate advanced safety features and/or incorporate connected vehicle technology. While environmentalists object to the impact this could have on climate change, it would at least help to encourage automakers to voluntarily adopt life-saving technologies.

More widespread use of safety features is a good thing, but if those features (or the vehicle itself) malfunction, they are not going to do much good.  It is imperative for auto makers to ensure that they don't release defective products and that they quickly react to recall dangerous cars when there are problems. To learn more about what your rights may be if you believe you were hurt by a defective car or defective vehicle part, contact Randall Spivey or one of his team of personal injury attorneys at the Spivey Law Firm, Personal Injury Attorneys, P.A. for help as soon as possible.