In 2017 motor vehicle recalls were reduced to 30.7 million from a record of 53 million in 2016. “According to the Insurance Institute of Highway Safety (IIHS) the Subaru Impreza was named the safest vehicle in 2018. The Subaru Outback was ranked second place. However, the automaker Subaru has shared plans to recall 1.3 million vehicles in the United States. The reason for this recall is that “in certain Subaru cars and SUVs, the brake light fails to illuminate, even though the brakes were working. The voluntary recall of the Subaru vehicles is for the following models 2008 - 2016 Impreza cars, 2013 to 2017 Crosstrek and 2014 to 2016 Forester SUVs.” It has been reported that the car company plans on reaching out to owners of the affected vehicles and replace the faulty brake lamp switch at no charge to the consumer.

One article states the following with regards to the Subaru brake light issue “According to Consumer Reports, the problem with the brake light is caused by lubricants, or some other type of cleaning products, that are being applied near the brake pedal. Specifically, when consumers use products that contain silicone, it seeps into the brake lamp switch, leaving a layer of product on the switch contact. This can cause the switch to lose conductivity to the terminal, which can prevent the brake lights from illuminating properly. To date, there have been 20 incidents in connection with this problem.”

According to the National Highway Traffic Safety Administration (NHTSA) defective brakes are not a new reason for a safety recall on products. Other safety defects that can result in product recalls include defective airbag deployment systems, accelerator mechanisms that freeze or do not otherwise function properly, defective tires, steering defects that can cause the driver to lose control of the vehicle, fuel leaks that can cause serious fire hazards, defective seat belts or child restraints and problems with the onboard electronic systems.

The common question then is what happens when an accident and injury occurs after a recall that you have not responded to? Who then is liable for your losses? One article stated that “If you fail to repair a vehicle after receiving word of its recall, the dealer or manufacturer will likely attempt to place the blame on the individual who fails to repair the defect. However, a claim for compensation due to an injury sustained from a recalled vehicle hinges upon multiple factors.”

A Crowson Law Group attorney stated that, “If it is found that the victim of the accident did not receive the notice of the recall and that there is no way that he or she would have been aware of the need to repair his or her vehicle, the driver cannot be held liable for not knowing. However, if you did receive the notice of a recall, the court will look at when you received that notice and will evaluate whether there was a reasonable amount of time to have gotten the vehicle fixed; for example, if you received notice a few weeks before the accident vs a few days beforehand. Another factor taken into consideration is the clarity of recall instructions and actions the vehicle owner took in response to the vehicle recall.”

For legal advice and representation in a car accident caused by a defective vehicle that has been recalled, seek out an accident attorney in Alaska.