The National Highway Transportation Safety Administration (NHTSA) operates as part of the Department of Transportation to promote safety through establishing standards and acts as an investigatory agency when there reports of defects. Recently, the agency has been in the news regularly based upon the high profile recall cases and the harm that was done when auto manufacturers failed to respond quickly and appropriately to dangerous vehicle defects.
Although some car manufacturers may voluntarily issue a vehicle recall, often these events are triggered by the NHTSA going to court and getting an order. The NHTSA may decide that it is important for a recall when:
- A motor vehicle, or any equipment that is used in the structure or mechanics of a vehicle, which includes tires, fails to comply with an established Federal Motor Vehicle Safety Standard; or
- There is a defect caused by a design or manufacturing problem, rather than an issue that only affects a few vehicles, that impacts the overall safety of the vehicle.
The NHTSA reviews the reported problems in the vehicle in accordance with safety standards for the safe operation of a vehicle, including equipment failures relating to tires, brakes, engine parts, and lighting components. In addition, the safety analysis may look at the features of the vehicle that are intended to keep drivers and passengers safe, such as seat belts, air bags, structural reinforcements in convertibles, and even motorcycle helmets.
A safety defect that might justify the NHTSA pursuing a mandated recall includes an issue in the vehicle that poses a measurable risk to consumers as a result of the operation of the motor vehicle. Some common types of defects include:
- The vulnerability of the fuel system in a vehicle to damage during a crash that would result in the spilled gasoline and fire hazards;
- Steering columns that may break or become non-functional during operation of a vehicle, leading to loss of control;
- Gas pedal or accelerator components that may stick or malfunction, leading to uncontrolled acceleration;
- Improper design of the wheel base and height of the vehicle leading to increased rollover risk;
- Malfunctioning windshield wipers that lead to decreased visibility;
- Improperly manufactured seats that may shift or fall backwards during operation of the vehicle, especially the driver’s seat;
- Faulty wiring systems that may lead to risk of fire or loss of function;
- Defects in child safety devices and equipment; and
- Problems with air bags functioning properly.
There are many different types of defects that pose a significant risk to occupants of the vehicle or other people. However, there are some widespread problems that do not lead to a recall order. These include problems that are frustrating, but have no major safety risk. A model year with a malfunctioning radio or MP3 control or equipment that deteriorates far faster than components in other vehicles, which necessitate replacement, but likely will not result in bodily harm, will not be pursued.
Once the NHTSA has received a complaint that triggers a response, there is a four step process that is managed by the Office of Defects Investigation, which includes:
- An initial review of the consumer complaint and any other available information that supports the existence of a potential defect;
- A review of any petitions involving a group of individuals or other groups, as well as any safety-based recalls that may have been initiated by the vehicle manufacturer;
- Active investigation into the possible defects; and
- Oversight of a recall once a safety-related defect has been found.
Safety defects lead to many injuries and deaths before the problem has been corrected. Although the NHTSA plays an important role, for those who been harmed by a defective component or piece of equipment, it is critical to find someone to fight for them. The skilled and dedicated Mississippi Personal Injury Attorneys at Barrett Law PLLC will work to get you the compensation that you deserve. Please call us at (800) 707-9577 to schedule a free and confidential consultation.