Accident Shows The Dangers of DIY Car Repair

A 65-year old Michigan man died after being pinned by an SUV on September 10, 2017. Dennis Peters, of Mayfield Township, Michigan, was struck by a car he was attempting to repair according to the Detroit Free Press. Peters was attempting to fix the brakes on a friend’s car. Someone moved the car, but the brakes were not functioning properly, so the kept going and hit Peters, pinning him against the garage. Mr. Peters' death is being investigated as an accident.

This story may sound somewhat familiar to readers of The Michigan Law Firm, PLLC blog. Last summer, we wrote about the death of actor Anton Yelchin. Yelchin was also killed after being pinned by his own SUV. Even though Yelchin placed his Jeep Cherokee in park and exited the vehicle, the car started rolling down the steep driveway it was parked in and pinned Yelchin against a brick pillar. This accident, however, was caused due to a faulty gear shift problem which was under recall from Chrysler Fiat.

Thankfully, deaths due to faulty brakes are relatively uncommon. The National Highway Traffic Safety Administration (NHTSA) published The National Motor Vehicle Crash Causation Survey in 2015, in which they looked at the critical causes of car accidents. It was discovered that out of the approximately 2,200,000 accidents that took place between 2005 and 2007, 44,000 were due to an issue with the vehicle. Of this 44,000, faulty brakes attributed to 10,000 accidents. While this number may seem relatively small, it is certainly not the same as 0 deaths.

Fixing faulty brakes is a job that people often try to undertake themselves, rather than taking the car to a professional mechanic. Many think fixing malfunctioning brakes is one of the easier repair jobs on a car, but it is more difficult than people realize, and it is critical to get it right. When not done properly, the consequences can be deadly, as unfortunately seen in Mayfield Township. Fixing brakes doesn’t just involve repairing the brake pads, but also the calipers, rotors, wheel bearings, and brake fluid. Not properly repairing any one of these items can lead to a car malfunctioning, which could potentially lead to a car crash.

According to Auto Notebook, there are a few reasons why drivers decide to undertake car repair projects on their own, rather than going to a mechanic. Saving money is the most commonly cited reason. On top of that, video tutorials, detailed instructions, make and model information, and high quality pictures can now all be found online, making drivers much more confident in their abilities to fix their own car.

However despite popular belief, at home car repairs are not always going to be cheaper, especially in the long run. It's understandable that buying a $10 can of do-it-yourself (DIY) crack filler to fix a cracked windshield sounds a lot better than paying someone to fix it for $75, but when the DIY fix doesn’t work and the window shatters, it can cost $500 to replace it. More so, engines and transmissions are the most complicated parts of a car, and when the average Joe tries and fails to fix these parts himself, it can cost up to $7,000 each to replace them. On top of the monetary cost, any job that involves jacking up a car and crawling underneath, such as replacing shock absorbers, can be extremely dangerous, and is best left to a professional. From an expensive ER bill for a crushed hand, to causing a car crash on the highway due to a bad brake repair job, the risks of DIY car maintenance greatly outweigh any potential benefit. 

Fixing your car yourself may sound very appealing - you can potentially save money, save time, and claim bragging rights to your friends and family about how smoothly you got your car running. However, without the proper training or experience, fixing your own car has the potential to be deadly or at the very least, costly. Changing a tire on the side of the road is one thing, trying to untangle the maze of wires in your very expensive transmission is quite another. Therefore, taking your car to a professional mechanic is the easiest and safest way to ensure that your car is maintained properly and safely. 

Accidents can still happen, regardless of how well taken care of your car is. If you have been involved in a automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. Our attorneys are experienced in handling all types of car accident law suits, including those caused by recall defects or faulty car parts.

FTC Sued For Approving Used Cars With Recall Defects

The old adage, "it's too good to be true" comes to mind in the light the news that used cars sale representatives have been approved by the Federal Trade Commission (FTC) to sell used cars as certified, despite some of them having safety defects. Some of those defects include vehicles or parts under recall that have yet to be fixed. However, used car salespeople can still sell the cars as 'safe' or as subjected to 'rigorous inspection' vehicles just as long as they post a notice prior to the purchase of the vehicle stating that it may be under recall notice and by providing the buyer with the information to discover if the vehicle is under recall. 

CBS News listed that the defects may include exploding faulty Takata air bags in addition to other defects that can cause serious to fatal injuries such as, defective ignition switches, problems with the power steering, and damaged brakes. The FTC came to the decision during a settlement with General Motors (GM) and 2 used car dealers.

Opponents Of Recall Defective Car Sales

The National Highway Traffic Safety Administration (NHTSA) does not approve of the FTCs ruling. In fact, the FTC's agreement goes against NHTSA policy. The NHTSA's policy, which they unfortunately don't have the power to enforce, says that used cars must be inspected and fixed before being resold. 

Seconding the NHTSA's view on the issue, Rosemary Shahan, president of Consumers for Auto Reliability and Safety (CARS) said, “The FTCs reckless action will result in more people being killed and injured because of unsafe, defective used cars.” To back up their words with actions, Shahan’s organization is fighting along with a few Democratic senators, the Center for Auto Safety, and the U.S. Public Interest Research Group against the FTC. “It’s a dangerous and irresponsible abuse of the commission’s authority,” Shahan continued. Now the FTC is facing a lawsuit from the 3 organizations on the grounds of consumer safety.  

The legislative director for the Massachusetts Public Interest Research Group, Deidre Cummings also said to NBC News that, "The Federal Trade Commission is supposed to crack down on false and misleading advertising, but instead they are encouraging it. They should have protected consumers, but chose to protect reckless car dealers.”

How Defective Car Sales Affect The Auto Industry 

Many view the FTC's decision as a change in the auto buying industry. This may lead to car dealers altering their policies to reflect monetary benefits for themselves instead of safety measures for the consumers. In fact some changes have already been made. Ford has already modified their policies to include recall defects such as the Takata airbag. Ford Dealers can now sell vehicles with faulty parts as 'certified' as long as the word 'safe' is not utilized at anytime in the sale. Used Ford buyers will then sign an agreement noting that they are aware of the safety issue and agree to be contacted by the Ford dealer once the replacement parts arrive. 

In defense of their new policy, Sara Tatchio of Ford Communications stated that, “The safety of our customers is our top priority. Our dealers must complete all recalls when parts are available. In the extremely rare instance when parts are not available, our policy is that dealers must clearly disclose the situation including printing the open recall information and handing it to the prospective customer. As soon as parts are available, the dealer will then prioritize completing the open recall.”

How Consumers Can Protect Themselves From Recalls

They are few things consumers can do to safeguard themselves from buying a used vehicle that may have recall defects.

  • Look up a vehicle's Identification number (VIN) in the NHTSA’s recall lookup tool. The NHTSA’s system will show any outstanding recalls that have yet to be fixed on the vehicle.
  • Get a vehicle's history report on websites like CarFax to see if the car has been involved in any accidents, if any original parts have been replaced, and if it has been regularly and properly maintained. 
  • Before making a vehicle purchase, ask the salesperson about the history of the car and whether any defects or other safety problems have been made aware to them. 
  • Even if the vehicle list it has been subjected to "rigorous inspection" or as is labeled "safe," get it inspected anyway by a qualified mechanic before buying it. Try to find an auto shop that doesn't have ties to the dealership that the vehicle is being sold from. 

These tips are not 100% effective in every used car buying scenario but in general, they may ease the trepidation one may have in buying a used car. Hopefully, armed with the knowledge of past or present recalls and mechanic history, used car buyers can make an informed decision on what vehicle would serve their needs best while keeping them and others safe. After all, getting involved in a car accident due to a faulty or defective car part because you didn't due your due diligence in researching a used car before purchasing it, is an unfortunate way to harm yourself. 

Car recall lookup tools provided by government websites and agencies such as the NHTSA are one ideal way to make sure that car buyers are truly purchasing safe cars. It is unfortunate that the FTC would approve of the sale of cars with defective parts, thereby making buyers unable to trust the CPO seal that guarantees buyers that they are buying a recall-free vehicle. If you or someone you know has been injured in a car accident caused by a vehicle under recall, call 844.4MI.FIRM and speak to the experienced staff at The Michigan Law Firm, PLLC. We provide free consultations to discuss your legal options.

Modern App for Car Repairs

Car Repair Attorneys

If you have a smart phone or tablet, you may be several easy steps from getting a great deal on an auto repair. Available now for iOS and Android users, Openbay allows users to avoid having to call multiple auto repair shops and shop around for deals.

To get their cars fixed after auto accidents, users of Openbay just have to go through three easy steps. First, users can choose between finding services or diagnosing their cars problem.
 
The app connects with the vehicle’s computer diagnostic system and determines what is wrong with the car by reading alerts. If you already know what is wrong, you can skip this and choose to find services, such as oil changes, checking the engine, low battery, brake repair, or even tail light replacement.  Once you've chosen a service, step two is to view the offers.
 
Because the app knows where you live, it sends your service request out to auto body shops who have registered with the app, in your area. The body shops view the problem and send back a quote based extent of the damage, parts, labor, and taxes. Openbay then lists all of the quotes and allows the app’s user to compare these offers based on price, distance, and ratings of the repair shops.
 
Step three is then to pick an offer, schedule the appointment, and to pay securely though the app. The payment is only made after the service has been completed. And in some cases, this maintenance service may be counted towards a reward system. 
 
The great thing about this app is that now people will always know if something is wrong with their car, without having to dig up the old car manual to try to decipher the vehicle warning indicators. And with 354 auto repair and maintenance shops participating in the City of Detroit alone, Michigan drivers have a great shot at getting a good deal on their auto repairs after Michigan motor vehicle accidents.  Openbay is a great resource for Michigan drivers who are looking for car repair shops after an accident.

The Michigan Law Firm, PLLC helps victims of auto and motorcycle crashes medical bills are being paid, lost wages are recovered, and pain and suffering benefits are paid according to Michigan law. Our experienced team takes the stress out of your road to recovery.  Call us today at 844.4MI.FIRM or click here for a free consultation.