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Crashes Can Result from Defective Vehicles

December 20, 2012 | Category: Unsafe Vehicles | Share

"Motor vehicle manufacturers, including those making cars, trucks, motorcycles, buses, mobile homes, ATVs  and others have the responsibility of providing safe vehicles and safe after-market parts despite  the age of the vehicle. They also are responsible for the cost of repairs of safety-related defective vehicles for 10 years from the time of first sale." said Attorney Randall Spivey, Spivey Law Firm, Personal Injury Attorneys, P.A., Ft. Myers, Florida.  "If, for example, an 8 year old vehicle with airbags is in a crash, and the airbags do not open, the manufacturer is responsible for property loss and injuries in addition to making the repair without charge."

Honda Acura MDX SUV

Because they are responsible, regardless of the age of the vehicle, Honda issued a December 12, 2012 recall of more than 870,000 SUVs and minivans including 347,000 Honda Odyssey minivans and 277,000 Pilot SUVs from the 2003 and 2004 model years and 247,000 Honda made Acura MDX SUVs from the 2003 through 2006 period.  These vehicles can roll even when they are in park, and the keys are removed from the ignition.   

The National Highway Traffic Safety Administration (NHTSA) has already received 43 complaints and 16 injury reports.  These problems are  related to ongoing problems Honda has with the  ignition interlock system causing recalls of almost 2.3 million vehicles since 2003. (Honda won’t be able to start repairs on all of these defective vehicles until February 2013.)

Although it is illegal to sell or resell defective vehicles these recalled vehicles are still on the lots of some used car dealers and listed in newspaper advertising for private sale.

The NHTSA was given the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal standards by "The National Traffic and Motor Vehicle Safety Act originally 

safercar.govenacted in 1966.  NHTSA has recalled more than 390 million cars, trucks, buses, recreational vehicles, motorcycles and mopeds as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million child safety seats.  Safety recalls during November, 2012 alone, included passenger vehicles, trucks, school buses, transit buses, ambulances, and trailers.

Attorney Spivey, and his Product Attorney Defect Team, say, “It is important to check the  website for safety-related notices and recalls before buying a new or used vehicle. If you have a safety-related concern about a vehicle you own or drive, you should report it to NHTSA by filing out a report on line, by telephone, or by mail. For a handy brochure from called "Motor Vehicle Safety and Recalls" click here  You may also contact NHTSA by phone: 888.327.4236 and mail: NHTSA - Office of Defects Investigation, West Building, 1200 New Jersey Avenue, SE, Washington, DC 20590.


Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 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  Visit  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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