Urgent and Serious Risk Caused by Unchecked Safety Recalls

August 2, 2017 | Category: Unsafe Vehicles | Share

NBC2 News reports that 20 percent of vehicles on Florida’s roads have potentially dangerous unresolved recall issues. Also, the NHTSA (National Highway Traffic Safety Administration) released its 2016 Vehicle Recall Summary report. The report showed that about 53 million vehicles in the United States are on the road with unresolved safety recalls. This represents more than one in four cars currently on our roads, and according to the NHTSA this poses an urgent and serious risk to drivers and passengers. 

Urgent and Serious Risk Caused by Unchecked Safety Recalls - Spivey LawA recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat, or tire creates an unreasonable safety risk or fails to meet minimum safety standards. Most decisions to conduct a recall and remedy a safety defect are made voluntarily by manufacturers prior to any involvement by NHTSA. Manufacturers are required to fix the problem by repairing it, replacing it, offering a refund, or in rare cases repurchasing the vehicle. 

Recalled used cars are more likely to not be fixed. 

In 2016 more than 38 million used cars were sold across the U.S.; more than twice as many as were sold new, according to Edmunds.com. 

Automarketing.com says that un-remedied vehicles are more common in older models. The total recall completion rate for vehicles with model years between 2013 and 2017 is 73 percent. This compares with a completion rate of just 44 percent for vehicles manufactured between 2003 and 2007. 

No specific laws require used-car sellers to fix recalled vehicles. 

There is no explicit federal requirement that sellers of used cars fix problems related to safety recalls, or even disclose the recalls, the way new-car dealers must. Efforts to introduce tougher laws for used cars have languished in Congress, under lobbying pressure from the used-car industry. Despite the lack of explicit federal laws on recalled used cars, a patchwork of state consumer protections and laws already effectively prohibits the sale of dangerous vehicles, some safety advocates and lawyers say, according to The New York Times in October 2016. 

Check-to-Protect campaign targets drivers of older vehicles. 

Check-to-Protect is a national campaign to encourage drivers to check the recall status of their vehicle and have open recalls fixed immediately. This campaign is led by the National Safety Council and founding coalition partner, Fiat Chrysler Automobiles. The campaign is focused on drivers of vehicles five years old or older and drivers of used cars. 

Checking a recall status is easy. 

Drivers can enter a vehicle identification number at checktoprotect.org or directly on NHTSA's website for a full report of their vehicle's recall status. The 17-digit VIN can be found in the lower left corner of a vehicle’s windshield, on the inside of the driver-side door, on a vehicle's registration card and possibly on insurance documents. Getting a recall repaired is free of charge to the vehicle owner. 

“If you or a loved one has been injured in a vehicle accident due to a defect that was the subject of a safety recall, contact the experienced personal injury attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights. 


Fort Myers Car 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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