Vehicle recalls are common. In fact, they occur much more frequently than drivers realize.
And here's the scary part…
If an automobile manufacturer designs a defective car, they can cause a catastrophic accident to occur. Essentially, the driver of the vehicle is not solely responsible. This drastically alters a comparative negligence claim.
This article provides an overview of vehicle recalls, what automakers are legally required to do for you, and how a defective vehicle can change liability.
Ready? Time to dig in!
The Growing Vehicle Recall Problem
Recalls are not a small issue. They affect millions of cars every single year.
Did you know: Over 30 Million Vehicles were recalled in the U. S. Just in 2025. That number is growing rapidly.
It doesn't stop there. Ford individually shattered records from a decade ago by issuing 152 safety recalls by themselves in one year. Toyota, Tesla, and Nissan all recalled millions of cars as well.
The majority of these recalls are due to serious issues, not little glitches. Examples include software issues that affect your braking or steering, defective seat belts, engine problems or malfunctioning rear view cameras.
Each and every one of these can lead to a wreck. And when they do, the maker gets painted into the liability picture.
What Manufacturers Owe Drivers
Car makers have real legal duties. They can't just sell cars and walk away.
Here's what they owe you:
Federal law requires every manufacturer to inform the National Highway Traffic Safety Administration (NHTSA) of safety defects promptly, once they know about them. They then have 60 days to inform vehicle owners of the problem. They must also fix the issue at no cost to owners, whether that be through a repair, replacement or refund.
Sounds simple, right?
The issue is that many manufacturers stomp on brakes. They often know about problems months (even years) before announcing a recall. Owners drive around in unsafe vehicles during that time.
That delay can turn into a lawsuit.
Vehicle Recalls and Your Comparative Negligence Claim
Here's where things get interesting…
Texas follows the modified comparative negligence model ("51% bar rule"). A driver who is at least 51% responsible for the accident is entitled to no compensation. However, a driver that is 50% or less at fault can recover damages, minus the percentage of fault attributed to him.
So what do recalls have to do with this?
Everything.
When a vehicle defect partially causes a crash, the manufacturer is added to the case as a shared-fault party. This can remove a substantial portion of liability from the driver and place it onto the manufacturer instead. Partnering with a dedicated auto accident law firm can help prove this defect and bring the manufacturer into a comparative negligence case.
Take for example… Say a defective brake system prevented your car from stopping in time and you rear-ended another vehicle. You may have been liable for the crash until you pull your recall data. Once that data is introduced, fault shifts. Now the manufacturer is on the hook for most of the blame – and your comparative negligence claim becomes much stronger.
Even better: Texas law allows defendants to bring in "responsible third parties" (say, an automobile manufacturer), even if they were not named in the original lawsuit. This can apportion blame away from you and keep the injured driver's percentage under that magic 51% threshold.
Proving a Defect Caused the Crash
A recall-related comparative negligence claim does not just magically get won. You need actual evidence.
Here's what usually helps:
Documentation like the NHTSA recall file for that particular vehicle. Service records indicating the defect was never repaired. Expert witness testimony connecting the defect to the collision. Pictures of damage to the car and accident scene. You might even be able to use data retrieved from the vehicle's onboard computer (often referred to as the black box).
The recall letter alone is insufficient proof. You also need to demonstrate that the defect caused or exacerbated the crash. This is where speed is essential. The sooner you can compile your evidence, the better.
What To Do After A Recall-Related Crash
Were in an accident and your car has an open recall? Don't freak out. Here's what to do.
Seek Medical Attention before doing anything else -EVER-. Photograph the scene, vehicle and apparent defects. Visit NHTSA's website and cross-reference VIN for any active recalls. Preserve all documents - recall notice, service records, warranties, etc.
And one more thing…
Don't repair or junk the vehicle. Oftentimes, the wrecked vehicle is the single most important piece of evidence. Preserving it as it was left after the crash can make or break your case.
Then call a car accident attorney experienced with recall related claims. Not all will be. Product defect claims are a completely different breed of animal than your typical fender bender.
The Bottom Line
Vehicle recalls are more than just documents. They can shift liability for an accident --- and how much is at stake.
To quickly recap:
Product recalls in the U. S. are at an all-time high with tens of millions of vehicles affected. Automakers have a legal responsibility to notify drivers and correct the issue at no cost. One defect can completely change the liability landscape of a comparative negligence action. And in Texas with a 51% bar, every percentage point matters.
If your crash involved a recalled vehicle, you may have more leverage than most drivers know. Obtain the recall documents. Preserve the evidence. Speak with an attorney who will subpoena the manufacturer into the lawsuit.