Following the voluntary recall of several makes of GM vehicles, this article appearing in the New York Times spells out a troubling trend from both the automaker as well as with the agency charged with its oversight. The National Highway Transportation Board (NHTB) received over 260 consumer complaints regarding vehicles that either stalled during operation or completely shut down. Many drivers reported stalling during operation on the highways. Tragically, 13 people have died as a result of accidents caused by the defects.
The article details the history of the complaints lodged with the NHTB, the first having been submitted in 2003. According to the article, “The complaints… involved six G.M. models that the automaker is now recalling because of defective ignition switches that can shut off engines and power systems and disable air bags.”
GM manufacturers who knew about the defects will likely face liability, as the faulty manufacturing was the ultimate cause of the accidents and the harm to the drivers. The drivers of the defective cars, however, will not be held liable.
According to Texas law, a person is not held responsible for injuries caused by an unknown defect, even if the defect causes a risk of injury or death. (Not every state maintains this exemption to a “non-delegable duty” rule.)
Similarly, if a shoddy car repair causes a car accident, and the driver was unaware of the problem, the victim of any accident caused by the bad repair may not hold the driver responsible.
In a nutshell, a driver cannot be held responsible unless he or she acted negligently and was aware that his or her actions could have consequences. However, just because Texas cuts off driver liability for defective repairs and defective vehicle manufacturing, car accident victims should not give up hope. Recovering damages from someone else, like the manufacturer or car repair service, is still a possibility in some cases.
If you’ve been injured in a car accident, discuss your situation with a Houston personal injury attorney as soon as possible.
Photo Credit: Flickr Contributor, Insure Wish
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