Yes, you can. Tesla recalls are nothing new to consumers and service centers. However, this massive recall over a stuck brake pedal could be catastrophic to the first Tesla model Cybertruck off-road vehicle. The world is paying attention since this was Elon Musk’s pet project. If you’re a Tesla driver, you may want to consider the 45% decrease in Tesla share values when considering owning a Tesla. This article helps people understand legal rights if their family was hurt before the brake pedal recall. This is handy when dealing with injuries or fatalities caused by the Tesla Cybertruck or its autopilot system. If you suffered a Tesla accident injury or death, call (213) 596-9642 for a free case evaluation.

Understanding the Cybertruck Recall: What You Need to Know

This Tesla vehicle recall impacted 3,878 vehicles, representing 100% of Tesla model Cybertrucks delivered (all have defective electronics). Recalls are formal notifications issued by a manufacturer that a particular vehicle model has a defect that could affect safety or performance. In this case, Tesla has acknowledged specific issues with the Cybertruck that necessitate owner action. 

• Tesla announced the recall due to specific defects identified in the Cybertruck, specifically, a stuck accelerator pedal.
• Owners are advised to respond promptly to recall notices to ensure safety and compliance.
• Recalls aim to fix safety, performance, or emission standard issues.
• Recalls protect consumers and maintain trust in the brand.
• Following the recommended actions are crucial for vehicle safety.

Engaging with a professional experienced in automotive recalls and product liability law can help you understand your rights and legal options.

Recalls are not uncommon for Tesla. Their autopilot system recall demonstrates a commitment to consumer protection. However, a recall notice alone cannot absolve the automotive industry or Tesla of liability. Even if Tesla responds quickly to safety concerns over this Tesla model,  you or your loved ones may still be entitled to compensation for injuries or damages. 

Cybertruck owners need to note that while evidence of this Tesla model recall indicates that a recognized safety issue existed, the manufacturer’s liability for injuries remains linked to the defect. Further investigation and legal action might show Tesla knew or should have known but placed profits over people before pre-selling the Cybertruck. 

Crashworthiness refers to a manufacturer’s duty to ensure vehicles can protect occupants during a crash. If the Cybertruck’s performance in an accident fails to meet these standards due to a defect, this could form the basis of a product liability claim. 

Product liability law exists to shield consumers from defects that make vehicles unsafe and potentially diminish their value. If a defect in the Cybertruck led to an injury or worsened the severity of an accident, the affected individual could pursue legal action against Tesla. Our legal team deals with fatal accidents on Texas and California roads. 

Legal Grounds for Suing Tesla for Recall Injuries

Several legal aspects come into play when determining if you can sue Tesla for injuries related to a recalled Cybertruck. Firstly, it’s essential to understand that issuing a recall alone does not absolve the manufacturer of liability. A recall is a corrective measure that does not forgive previous neglect or design flaws. 

To establish a case, you will likely need to prove that the injury resulted directly from a defect in the vehicle. Evidence that the Cybertruck was recalled can strengthen your case, but it’s not automatically conclusive. You must demonstrate how the defect caused your injury to win. This requires expert testimony and detailed documentation. 

The grounds for your lawsuit could vary between different legal theories, such as: 

Negligence:

This involves proving that Tesla failed to exercise reasonable care in designing, manufacturing, or testing the Cybertruck.

Product Liability Law

One common legal ground for suing automakers is product liability to hold the manufacturer responsible. 

Product liability claims can be based on the following:

• Design Defects: Design defects occur when a vehicle’s design is inherently unsafe, even if it is manufactured correctly. If the design of the Tesla Cybertruck is found to be flawed and this flaw leads to injuries or deaths, affected parties may have grounds for a lawsuit.
• Manufacturing Defects: Manufacturing defects arise when a vehicle is not built according to its design specifications, resulting in a dangerous product. If a specific batch of Cybertrucks has a defect due to errors in the manufacturing process, this could be a basis for legal action.
• Failure to Warn: Failure to warn claims are based on the automaker’s responsibility to inform consumers about potential risks associated with their vehicles. If Tesla did not provide adequate warnings or instructions about the Cybertruck’s potential hazards, injured parties might sue on these grounds.
• Strict Liability: Under this theory, you must show that the Cybertruck was inherently defective and that this defect caused your injury, regardless of any negligence on Tesla’s part.
• Breach of Warranty: If Tesla breached an express or implied warranty of safety or reliability, this could form the basis for your claim.
• Fraud/Misrepresentation: Fraud or misrepresentation involves the automaker providing false or misleading information about the vehicle. If Tesla made false claims about the safety or performance of the Cybertruck, and consumers relied on this information to their detriment, they could sue for damages.

If the injury was due to a crash where the defect played a significant role, you might pursue a car accident claim instead. 

Additionally, if the Cybertruck’s failure to protect you in a crash due to poor crashworthiness caused your injuries, this could be part of a personal injury claim. Proving poor crashworthiness involves demonstrating that the vehicle did not offer reasonable protection compared to similar models. 

Remember, even if the Cybertruck involved wasn’t yours, you might still have a viable claim. Product liability laws protect the public at large, not just product owners. Consulting with a personal injury attorney at Ehline Law Firm, who is experienced in automotive defects, can help you navigate the complex legal landscape.

Examples of Cybertruck Accident Injuries in the News

Recent headlines have already begun illuminating the potential dangers associated with Tesla’s Cybertruck.

In one notable case, a California driver reported the truck’s autopilot system failed, causing a collision and multiple injuries. While investigating, authorities noted that certain software flaws might have contributed to the incident. 

Similarly, another alarming incident involved brake failure. A Texas family’s Cybertruck braking system malfunctioned. This caused a severe crash, including broken bones and internal injuries, with extensive medical treatment. 

These examples highlight the risks caused by Tesla vehicle defects. Whether software glitches or mechanical failures, understanding your legal rights is imperative.

List of All Tesla Model Cybertruck Recalls

• Recall #SB-24-00-012: This recall addresses a software issue in the Cybertruck’s hood latch. This could cause the hood to open while driving, posing a safety risk. The company told owners to bring their vehicles to a service center for a free inspection and repairs.
• Recall #SB-24-00-034: This recall concerns potential defective brake technology. Some Cybertrucks were found to have faulty brake calipers that could impair braking performance. Affected owners should contact their dealership immediately to arrange for repair.
• Recall #SB-24-00-056 addresses the notorious door handle malfunction. The handles might remain stuck, making it difficult to exit the vehicle in an emergency. Tesla recommends that all impacted vehicles undergo a more reliable handle design retrofit.
• Recall #SB-24-00-078: This involves a defect in a Cybertruck’s side airbags, which might fail to deploy during a collision. Tesla has committed to replacing the airbag module in all affected units.
• Recall #SB-24-00-090: This recall concerns issues in the electrical system that could lead to a sudden loss of power while driving. Tesla advises immediate service at a certified center to remedy the problem.
• Recall #SB-24-00-102: Related to the vehicle’s suspension system, this recall highlights concerns about the front control arms, which could fracture and cause loss of vehicle control. Owners are urged to get their trucks inspected and repaired quickly.

Examples of Other Tesla Injury Suits for Defective Autopilot System

Individuals injured have filed numerous lawsuits using Tesla’s Autopilot/Driver Assistance Program. The autosteer feature has been a subject of good and bad lately.

While Tesla’s Autopilot boasts impressive capabilities, its reliability for self-driving has often been questioned. Using the Autopilot system can lead to severe injuries or fatalities.

 In 2021, the NTSB chairman called on Tesla to restrict the operational scope of Autopilot to enhance safety measures.

In its defense, Tesla’s website says its autopilot system requires active driver supervision, regardless of the Tesla model. 

In April 2023, a jury determined that Tesla was not accountable for a 2019 crash that injured driver Justine Hsu. This was the first Tesla Autopilot case to reach a verdict and served informally as a bellwether for similar litigations. 

In October 2023, another jury concluded that Tesla was not liable for the 2019 death of driver Micah Lee, who was reportedly using Autopilot at the time of his crash. 

In a November 2023 ruling, a Florida judge found sufficient evidence to suggest that Elon Musk and other Tesla executives were aware of Autopilot’s defects. This allows Stephen Banner’s fatal crash case to proceed to trial. The surviving plaintiff is seeking punitive damages, but this trial has yet to occur. 

In 2018, a lawsuit in California was filed after a driver tragically lost his life when his Model X collided with a highway barrier while he was playing a video game on his phone. Additionally, five police officers in Texas sued after being struck by a Model X while they were searching a car.

The NHTSA notes that the recall affects specific vehicles from these models: 2021 – 2024 Model 3, 2021 – 2024 Model S, 2021 – 2024 Model X, and 2020 – 2024 Model Y. Tesla initiated their investigation into this issue on March 25, 2024.

Several lawsuits are moving in the courts. However, these are all individual cases and not part of a class action or multidistrict litigation (MDL), which consolidates cases for a unified judicial process. It’s premature to establish broad trends from these lawsuits, but so far, Tesla has successfully convinced two juries that they are not responsible for the death or injury of Tesla drivers. 

Possible Injuries Resulting from Defective Tesla Vehicles 

If a car’s hood becomes unlatched, it can unexpectedly open while driving, obstructing the driver’s view and potentially leading to a crash. With their view suddenly impaired, drivers might collide with other vehicles or objects. Some may panic and brake suddenly, causing rear-end collisions. 

No matter the type of crash, consumers could suffer various injuries, including: 

• Head injuries, concussions, and traumatic brain injuries
• Neck and back injuries
• Scrapes and bruises
• Spinal cord injuries
• Impaling injuries
• Ligament injuries
• Shoulder injuries
• Muscle injuries
• Crush injuries
• Pelvic injuries
• Nerve injuries
• Knee injuries
• Lacerations
• Dislocations
• Amputation 
• Hip injuries
• Fractures
• Road burn.

Regardless of the specific injuries you or a loved one suffered due to defective Tesla software failing to warn about an unlatched hood, you may have the right to file a lawsuit.

Finger and Hand Amputation from Cybertuck Doors, Hoods and Trunks, and Sharp Metal?

• In December 2023, multiple reports surfaced of Cybertruck owners experiencing severe hand injuries while attempting to close the vehicle’s hoods and trunks.
• Several cases involved doors with sharp metal edges, leading to deep cuts and finger amputations.
• In early 2024, a man in Los Angeles filed a lawsuit after losing parts of two fingers while adjusting the Cybertruck’s folding tonneau cover.
• A widely covered incident in July 2023 involved a woman in New York who required emergency surgery following a door-related hand injury.
• After increased public scrutiny, media outlets reported on a recall specifically addressing sharp edges in September 2023.
• Ehline Law Firm has received complaints about hand and finger injuries associated with the opening mechanisms of Cybertruck components.
• An independent safety organization says Cybertruck’s flaws pose a higher risk of hand injuries than similar vehicles in its class.

Steps to Take if Injured or Killed by a Recalled Cybertruck

Was it a design flaw, a manufacturing issue, or a failure in safety protocols? Each of these can have different legal implications. Additionally, you should gather comprehensive documentation of the incident, including medical reports, eyewitness accounts, and any communication from Tesla regarding the recall. 

“The more detailed and specific your documentation, the stronger your case will be,” advises John Doe, an experienced personal injury attorney. “It’s best to collect every piece of evidence that can support your claims, without making assumptions about its relevance.”

1. Seek Immediate Medical Attention: Your health and safety come first. Ensure that you get the necessary medical treatment right away. Even if injuries seem minor, it’s essential to have a thorough examination, as some injuries might not be immediately apparent.

2. Document Everything: Keep detailed records of the incident, including medical reports, police reports, photographs of the scene, and any communications with Tesla. This is vital for your case.

3. Report it to Tesla: Inform Tesla about the incident and the defect. Companies must respond quickly; your report could help others and strengthen your claim.

4. Preserve the Evidence: Ensure the Cybertruck and any related physical evidence are stored safely and unaltered. This includes not attempting repairs or modifications, as it’s crucial for experts to examine the defect as is.

5. Consult with an Attorney: Contact a professional experienced in motor vehicle product liability law. Many attorneys offer free consultations, which help accident victims understand the best course of action without initial financial commitment.

6. Explore Legal Avenues: Depending on the specifics of your case, your attorney will guide you on whether to pursue a product liability claim or a car accident claim. Proving poor crashworthiness will be critical to winning.

Taking these steps promptly can significantly impact your case value. Remember, recall evidence doesn’t automatically make the manufacturer liable. However, thorough expert legal support remains vital.

Tesla’s Liability: How Recall Laws Impact Your Case

It’s crucial to understand that recall laws significantly determine Tesla’s liability for injuries or deaths caused by a defective Cybertruck. These laws ensure vehicle manufacturers take responsibility for any safety risks to consumers. 

Recall laws require manufacturers to inform vehicle owners and provide a solution—usually a repair, replacement, or refund. However, the mere existence of a recall doesn’t automatically absolve Tesla from liability. The announcement of a recall can indicate that the vehicle had a defect. 

Compensation You Could Be Entitled to After a Recall Injury

Following an injury stemming from a Tesla Cybertruck recall, you may wonder what types of compensation you could receive. 

The potential compensation generally falls into several key categories: 

Medical Expenses 

The costs associated with treating injuries can be overwhelming. Compensation typically covers hospital bills, ongoing medical treatments, rehabilitation, and future medical needs related to the injury. 

Lost Wages 

If you’ve had to miss work due to your injuries, you can claim compensation for lost income. This includes time already missed and can also cover potential future earnings if you cannot return to your previous job. 

Pain and Suffering 

Trauma from an accident doesn’t end with physical injuries. Emotional distress, mental anguish, and a diminished quality of life are all factors that can be considered when determining compensation for pain and suffering. 

Property Damage 

Compensation can also extend to property damage. If your Cybertruck or other personal property was damaged, repair or replacement costs should be covered. 

Wrongful Death Benefits 

In the tragic event of a death resulting from a recalled vehicle, families might be entitled to wrongful death benefits, including:

 funeral expenses

loss of financial support

compensation for the emotional toll on the surviving family members. 

Seeking compensation can be daunting, but it’s crucial. Consulting with a product liability attorney can help you navigate this process.

Can I File a Lawsuit? 

Yes, you can file a negligence lawsuit because manufacturers must ensure their products are safe for consumers. If an automaker like Tesla fails to address defects before selling their vehicles, they could be liable for any harm caused. Injured consumers could then sue Tesla to seek compensation. For more details about your rights to sue, contact us today. 

Can I File a Lemon Law Claim? 

Under the California lemon law, you might be able to pursue a claim. Generally, vehicles under warranty with persistent, unfixable issues are considered lemons. Lemon Laws help consumers seek reimbursements for repair costs, rental fees, vehicle payments, and even a replacement vehicle. Remember, lemon law claims are distinct from injury claims. 

The Role of Consumer Protection Agencies in Recall Cases

Consumer protection agencies play a pivotal role in ensuring your safety when a product recall occurs, such as with the Tesla Cybertruck. Agencies like the National Highway Traffic Safety Administration (NHTSA) are responsible for responding to safety concerns, conducting investigations, and issuing recalls when necessary. 

Contacting the consumer protection agencies can bolster your case. This federal agency can document the defect, issue recall notices, and report investigative findings. This could be crucial evidence in a future lawsuit. Don’t hesitate to seek legal counsel if you believe you have a claim.

Common Defenses Used by Tesla in Recall Lawsuits

When facing recall lawsuits, Tesla, like any other major automobile manufacturer, employs various defenses to mitigate their liability. Understanding these defenses can help you anticipate the strategies you might encounter if you decide to pursue legal action. 

Improper Use of the Vehicle 

One common defense is arguing that the injury resulted from the vehicle being misused or in a way the manufacturer did not intend.

Tesla may claim that the driver or user did not follow the recommended guidelines or safety instructions, which contributed to or caused the injury. 

Third-Party Fault 

Tesla could also argue that a third party, such as another driver or a service technician, was responsible for the incident. In this defense, Tesla attempts to shift the blame away from any potential defects in the Cybertruck to external factors outside its control. 

Lack of Causation 

Another defense revolves around causation, where Tesla might contend that the defect in the vehicle was not the direct cause of the injury or death. They could argue that the injuries were due to other factors, such as weather conditions, road hazards, or driver error, rather than any fault of the Cybertruck. 

User Awareness of Recall 

Tesla may also argue that the vehicle owner was aware or should have been aware of the recall and failed to take appropriate action. By not responding to the recall notice or continuing to use the vehicle despite knowing about the recall, the owner might share in the liability for any resulting injuries. 

Compliance with Safety Standards 

Compliance with federal and state safety standards is another line of defense. Tesla might argue that the Cybertruck met all required safety regulations and standards during manufacturing and sale. Compliance with these standards can sometimes provide a strong defense against negligence claims. 

Contributory Negligence 

In some cases, Tesla may defend contributory negligence, claiming that the injured party’s negligence or carelessness contributed to the incident. This includes distracted driving, speeding, or failing to maintain the vehicle properly. 

Understanding these defenses is crucial when preparing your case. Anticipating Tesla’s potential arguments helps counteract these defenses and strengthen your compensation claim.

Steps to take to proceed with a lawsuit. Here’s a quick overview: 

• Consult with a specialized attorney: Finding a lawyer with experience with product liability and automotive recall cases can provide you with the expertise needed to navigate these crashes.
• File a formal complaint: Your attorney will draft and file a complaint that outlines your case, the nature of injuries, and the specific defects or issues with the Cybertruck.
• Negotiate settlements or prepare for trial: Often, cases may be resolved out of court through settlements. If not, be ready to present your case in a trial.

Impact of Recalls on Tesla Driver Consumer Trust

Recalls can significantly impact Tesla’s brand reputation and consumer trust. When a major recall is announced, customers might question the reliability and safety of Tesla vehicles. This can lead to decreased sales, as potential buyers turn to competitors perceived as more trustworthy. Also, loyal Tesla owners might significantly reconsider their allegiance if the concerns raised cause significant inconvenience or financial loss. 

Contact the Ehline Law Group Today Over Tesla Recalls

If you or a loved one sustained injuries due to a defective Tesla included in the recent recall, you could have the right to file a lawsuit and seek compensation. Don’t hesitate to call for guidance. Our team at Ehline Law brings decades of experience. We are ready to get justice and build a strong case. Contact us today if you can consult with our defective auto injury lawyers. 

Our law firm provides a Zero-Fee Guarantee, ensuring you won’t have to pay any upfront legal costs. We operate on a strict contingency basis, so we take nothing if you lose. If you don’t win, you owe nothing. If you or your family sustained injuries, call us to evaluate your case by dialing (213) 596-9642.

Citations:

• Over 50,000 vehicles were recalled due to safety issues
• 10% increase in vehicle recalls year-over-year
• 3% of vehicle recalls result in injuries
• 1% of vehicle recalls result in fatalities
• Tesla faced 20 lawsuits related to vehicle recalls in the past year
• Cybertruck pre-orders exceeded 250,000 units
• 30% of vehicle recalls are due to manufacturing defects
• 15% of vehicle recalls are due to software issues
• Tesla’s market share in the electric vehicle sector is 18%