If my Toyota is on a recall list, will I be liable if I'm in an accident?
You will only be liable in an accident if you were negligent in your driving or in getting your vehicle repaired after you were informed about the recall. Generally, a driver is liable in a car accident if the driver breached the duty of care by not acting like a reasonable person would act given the circumstances and causing damage as a result. It is possible that you may also be liable if you were given reasonable notice, time and opportunity to repair your car and failed to do so.
Toyota may be liable for damages caused by cars on their recall list if the accident was caused by a design defect, manufacturing defect, or a warning defect in the vehicle.
Additional Toyota Brake Pad Recall FAQs
- What legal rights does someone have if they've been injured in a car accident with a car that has been recalled?
- What is a Toyota motor vehicle defect?
- What does 'duty' mean in a lawsuit for injuries?
- How do I file a safety complaint about a defective Toyota?
- What is 'strict liability'?
- Can I sue if I'm hurt in an accident caused by a defect in my Toyota?
- How do you know if you have a personal injury claim?
- What should I do if I'm hurt in an accident caused by a defective acceleration in my Toyota?
- Can consumers bring class actions relating to products or services?
- Am I at fault for an accident if it happened because my brakes failed on my Toyota?
- Once an automobile recall is initiated, can I take independent legal action for injuries I may have suffered?
- What is a safety-related motor vehicle defect?
- How are problems with recalled vehicles or equipment remedied?
- Can I sue if my resale value of my Toyota has gone down because of the Toyota Recall?