Nissan and the National Highway Traffic Safety Administration issued a recall for the Nissan Rogue Crossover, reported The Car Connection. The recall was due to a faulty shift sector that would allow the vehicle to be shifted out of park without the brake pedal being pressed. This problem could result in the vehicle rolling away unexpectedly, or even make it easier for thieves to steal the car. While this defect seems relatively minor, a vehicle rolling while the driver is unaware could result in serious injury if faced with oncoming traffic. If you were injured or lost a loved one due to a defective vehicle, consider contacting a Cincinnati car accident attorney.
The recall potentially affects almost 34,000 cars in the United States, along with another 894 in dealers’ lots. It specifically applies to vehicles manufactured in Smyrna, Tennessee between the February 10 and May 13 of 2015. Only half the number of Rogues sold during this time are affected by the recall. To check if your car has been recalled, enter your vehicle identification number (VIN) at Nissan’s website.
To remedy the situation, Nissan is expected to notify all owners of the defective Rogues to bring in their cars into a Nissan dealership and they will replace the shift selectors at no cost to the owner.
Car Defect Injury Claims
Car defect injury claims operate under the premise of strict liability. This means that the plaintiff in these cases do not need to prove negligence on the part of the manufacturer or that they did not take the necessary precautions when designing or manufacturing the vehicle. You can make a strict liability claim if you meet three conditions:
- The vehicle or one of its component parts had an unreasonably dangerous defect that caused the injury;
- The defect caused an injury while the owner of the vehicle was using it for its intended purpose, i.e. driving safely on normal roads; and
- The vehicle was not changed or modified in a substantial way from how it was sold that would affect its performance.
While it may be more difficult, it is possible to file a defective injury claim after the car was recalled. Recall remedies are usually offered by the manufacturer in addition to other legal remedies. So as long as you were injured as a result of the defect, you still could still win your case even though the product was recalled. Waging litigation against a large automobile manufacturer could be a costly endeavor, so you should weigh your options carefully before filing a lawsuit.
Contact a Cincinnati Car Accident Attorney Today
If you were injured or lost a loved one in a car accident in Cincinnati or Hamilton County, the Ohio Car Accident Lawyers is here to help you get through it. We can assist you when negotiating with insurance companies, filing your claim, or filing a personal injury lawsuit in civil court. Use our online contact form or call us today to schedule your free case consultation.