The automaker Hyundai recently announced that it is recalling a large number of midsize and compact cars sold in the United States. In total, the recall affects nearly 28,000 cars, including Elantras manufactured in 2010 and 2011, and Sonatas manufactured in 2009 and 2010. Hyundai’s Elantra and Sonata are two of the automaker’s top-selling cars in the United States.
The recall was issued because of defective front coil springs installed in the Elantras and Sonatas. According to the U.S. National Highway Traffic Safety Administration, road salt can cause the coils to corrode and fracture. Road salt is typically applied to improve driving conditions when roads are covered in snow or ice, but if a coil corrodes and breaks, one of the front tires could puncture. The result would be an increased risk of an accident.
To date, no injuries or accidents have been reported as a result of the defective coils. Accidents from defects often occur and are not reported. Hyundai plans to notify dealers and car owners living in the so-called “salt belt” that new coils will be installed free of charge in the cars affected by the recall. The salt belt includes many of the Mid-Atlantic, Northeast, and Midwestern states, including Illinois.
Strict Liability and Your Right to Compensation
Just because a car manufacturer recalls a car or car part doesn’t mean that an accident victim can’t sue for injuries sustained in a car accident. In fact, a recall supports a claim against the manufacturer of the defective part or car. Victims may also be injured in an auto accident before the recall was announced or while waiting for the car company to install the new part when the car crashed or was involved in an accident. Either way, if the accident victim was injured because of a defective part in their car, they have a right to be compensated.
In Illinois, if a car is sold with a defective part, an injured person can sue the automaker or dealership under what is called strict liability. In a strict liability auto case, a plaintiff must prove that the car part is defective and unreasonably dangerous. The plaintiff must also prove that the defect existed when the part left the automaker’s control, and that the defective part caused the plaintiff’s injuries.
Unlike regular negligence cases, suing an auto manufacturer under strict liability does not require that a plaintiff prove that the defendant is at fault for the accident. Since fault can be difficult to prove in some cases, removing this requirement makes it more likely that an automaker will be found liable for designing or manufacturing a defective part. As a result, car companies are more likely to take safety seriously and design safer cars.
Have You Been Injured Because of a Defective Part?
When most people hear about a car accident, they usually assume that one of the drivers involved was not driving carefully, or that weather conditions caused the crash. But sometimes a driver is not to blame. Sometimes the company that manufactured the car is the real cause of the accident, and thus the cause of your injuries. The lawyers at Moll Law Group have the knowledge and experience to figure out who caused your injuries and what you are entitled to as compensation. We take the time to learn about you, your accident, and your injuries so that we ensure that we do everything in our power to maximize your recovery and help you move forward in your life. If you or anyone in your family was injured in a car crash, call Moll Law Group for a free consultation. Our phone number is (312) 462-1700.
See More Posts:
Six-Vehicle Chain-Reaction Accident Caused When Semi-Truck Rear-Ends Van, Illinois Injury Lawyer Blog, October 20, 2015.
Fatal O’Fallon Truck Accident May Have Been Caused by Medical Emergency, Illinois Injury Lawyer Blog, October 18, 2015.