Under U.S. regulations used by the NHTSA to determine when a vehicle defect exists and a recall is necessary, there are two primary factors to consider.
1. A motor vehicle or its equipment contains a safety-related defect.
2. A motor vehicle or some part of its equipment does not comply with one or more Federal Motor Vehicle Safety Standards.
When a recall is necessary because of one of these two factors, the car’s manufacturer may voluntarily initiate a recall on its own. Other recalls result from NHTSA investigations of particular vehicles. Some recalls are ordered by the NHTSA through the court process.
The NHTSA has provided a list of defects that would be considered safety-related.
· Steering components that could suddenly break and cause partial or total loss of vehicle control.
· Fuel system components that could cause fuel leaks leading to vehicle fires, particularly in the event of a crash.
· Wheels that could crack or break and cause a loss of vehicular control.
· Accelerator controls that could break or stick.
· Seats or seat backs that could fail unexpectedly during normal usage.
· Engine cooling fan blades that could suddenly break and cause injuries to people working in the vehicle.
· Windshield wiper assemblies that don’t work properly.
· Key vehicle components that could break, fall apart, or separate from the vehicle and cause injuries or a loss of vehicle control.
· Problems in the wiring system that could cause fires or a loss of lighting.
· Car jacks or ramps that could collapse and injure those working on the vehicle.
· Air bags that could deploy when they shouldn’t.
· Child safety seats containing defective parts such as safety belts, buckles, or components that could cause injuries.
For comparison, the NHTSA has also provided some examples of defects that would not be considered safety-related and would not lead to a recall.
· Car radios and air conditioning units that don’t work properly.
· Nonstructural or body panel rust issues.
· Cosmetic paint quality or cosmetic blemishes on the vehicle.
· The vehicle’s excessive consumption of oil.
· Ordinary wear and tear on vehicle equipment intended to be periodically replaced. This equipment includes brake pads and shoes, shock absorbers, batteries, and exhaust systems.
If you’ve been injured because of a defect in your vehicle or one of its components, order our free e-book here on the website to learn about the important do’s and don’ts of car injury claims.