The National Highway Transportation Safety Administration (NHTSA) is responsible for investigating claims of dangerous faults in motor vehicles in the United States. Over the past few months, there have been many different problems with vehicles on the road across the country that have been featured on the front pages of nearly every major print news source. General Motors has faced a number of serious allegations after purportedly mishandled recalls that led to serious accidents and more than a dozen deaths. Now, a consumer complaint has prompted the NHTSA to investigate potential braking problems in the Chevrolet Impala.
The consumer complaint that led to the NHTSA investigation was that the 2014 Impala has a defect that leads to the activation of the emergency braking system without warning. The complaint states that the activation of the braking system led to a sudden stopping of the car when it was traveling at 40 miles per hour, which led to the vehicle being rear-ended. The complaint prompted the NHTSA to investigate whether the defect is widespread throughout the more than 60,000 2014 Impalas on the road. If the investigation does lead to a determination that there is a widespread defect, then the NHTSA can trigger a recall.
Generally, when the NHTSA has determined that there is a vehicle flaw that impacts many cars or trucks because of a design or manufacturing defect, it may determine that the nature of the hazard necessitates a widespread recall and issue an official order. However, the auto manufacturer may challenge the NHTSA in a federal district court. While the car manufacturer has the right to challenge the order, the NHTSA has the right to go to court to enforce the order and compel the recall. Once a case has been filed by either the NHTSA or the car manufacturer, the burden lies with the agency to prove that there is a defect that warrants the recall because it poses a serious threat to the safety of consumers. Depending on the circumstances, even though the auto manufacturer is contesting the finding of the NHTSA that there is a safety risk from the defect, they may need to send notice to all consumers in possession of the potentially dangerous vehicle about the alleged hazard.
Although the NHTSA is empowered to order a recall if an official investigation reveals a defect that is present in many vehicles, the auto manufacturer may choose to recall specific vehicles based on its own findings without agency intervention. The auto manufacturer should have learned the relevant facts through:
- Internal testing protocols;
- Vehicle inspection policies;
- Analysis of information gathered through a number of data systems; and
- Review of all facts in a comprehensive and organized process.
One of the problems with the handling of the GM ignition switch defect was that the executives at the company did not have the proper protocols in place to rapidly respond to the potential danger.
The protocols and policies that control whether or not a recall will take place are fine for the auto manufacturer and the agency, but it leaves consumers at the mercy of the executives and the regulators. Often, serious accidents occur while the battles are being played out.
The news is full of stories of the massive recalls by auto manufacturers for defects that could lead to dangerous crashes, severe injuries, and even death. The compassionate and knowledgeable Mississippi Personal Injury Attorneys at Barrett Law PLLC will work with you to help you understand what caused your accident and how you can get justice for the harm that you suffered. In order to schedule a free case evaluation, please call us at (800) 707-9577. We only receive our fee if we recover compensation for you.