According to NHTSA data, roughly one in three vehicles recalled for safety defects is never repaired. That means millions of cars on Georgia roads right now—in Alpharetta, Roswell, Johns Creek, and across the Atlanta metro—may be operating with known, unaddressed safety problems. Most of the time, nothing happens. But when one of those vehicles ends up in a crash, the open recall can raise serious questions about fault, liability, and who is responsible for the harm.
Whether the recall contributed to the collision itself or made the injuries more severe, these cases involve layers that a standard car accident claim does not. Here is what you need to know.
Why an Open Recall Can Matter After a Crash
Not every open recall causes a crash. But when the recalled component involves a critical safety system—airbags, brakes, steering, or seat belts—its failure during an accident can turn an already serious collision into a catastrophic one.
Consider a rear-end collision on Georgia 400. If the struck vehicle had an open airbag recall and the airbag failed to deploy, the driver’s injuries could be far worse than they otherwise would have been. In that situation, the question is not just who caused the crash—it is also whether a known, unrepaired safety defect made the outcome significantly more serious.
What Happens When a Crash Involves an Unrepaired Recall
If you were injured in a crash involving a vehicle with an open recall, your case involves more than the collision itself. Another driver may be responsible for causing the accident. But if a recalled part failed or made your injuries worse, that is a separate issue that also needs to be investigated.
Georgia is an at-fault state, and under the state’s modified comparative negligence rules, an injured person can recover damages as long as they are less than 50% responsible for the accident. An open recall does not automatically bar recovery, but it does add a layer of complexity that requires careful investigation of all the contributing factors.
Who Can Be Liable After a Crash Involving an Open Recall?
Liability in these cases is not always limited to the driver who caused the accident. When an open recall played a role in the crash or made the injuries worse, multiple parties may share responsibility.
Depending on the facts, liability could fall on the at-fault driver, the owner of the recalled vehicle, or the manufacturer of the defective part. Vehicle owners who received a recall notice and chose not to act on it may face their own negligence exposure—separate from whoever caused the collision. And in cases where a defective component contributed to the crash directly, the manufacturer may also be brought into the claim.
Identifying all responsible parties—and building a case that accounts for each of them—is one reason these claims require a more thorough investigation than a standard car accident.
What To Do If You Suspect an Open Recall Played a Role in the Crash
If you believe an open recall may have played a role in a crash, take it seriously from the start. These steps can help protect both your health and your claim:
- Get medical care immediately. Your health is the priority. Prompt medical attention also creates a documented record of your injuries from day one.
- Do not repair or dispose of the vehicle without consulting an attorney first. This means the collision damage—not the recall itself. The physical condition of the vehicle at the time of the crash may be critical evidence in your case.
- Gather recall notices and service records. Any paperwork related to the vehicle’s history may be important.
- Check whether the vehicle had an open recall. You can do this quickly and for free at NHTSA.gov/recalls by entering the vehicle’s VIN number. Confirm whether any recall was still active and unrepaired at the time of the crash.
- Speak with an attorney before making assumptions. These cases can involve more than just the collision itself.
If a recalled part may have contributed to the accident or made your injuries worse, getting legal guidance early can help preserve important evidence.
How The Balams Firm Can Help
When an open recall is part of the picture, you need an attorney who knows how to investigate beyond the collision itself. At The Balams Firm, we dig into vehicle records, recall and repair history, inspection findings, and all available evidence to understand exactly what happened and who is responsible.
Attorney ReShea Balams and her team fights for maximum compensation for every client we represent. We will not push for a quick settlement. Our team builds cases to reflect the full scope of your losses, including when a defective vehicle component may have played a role. From the first call, we handle the investigation, deal with the insurance company, and make sure important evidence is preserved.
If you or a loved one has been injured in a car accident in Alpharetta, Roswell, East Cobb, Johns Creek, Milton, or surrounding North Atlanta suburbs, contact The Balams Firm to discuss your options.
The Balams Firm serves clients throughout the Atlanta metro area, including Alpharetta, Roswell, Johns Creek, Milton, and surrounding communities. Call us today to discuss your case.
