WARNING: Your Kia Optima May Be Unsafe!

Do you own a Kia Optima built between the dates of May 21, 2018 through May 29, 2019? If so, your vehicle may have a very serious defect that could result in injury or death.

Though the company says it is currently unaware of any car accidents that have occurred related to this defect, it has announced a recall of the 2019 Kia Optima. The reason for this recall is a software problem relating to the forward collision warning (FCW) system. Due to this software problem, the FCW may prevent the automatic emergency braking (AEB) system from engaging when a potential collision is about to occur.

Over 11,000 2019 Kia Optimas may be affected by this error. Fortunately, your Kia dealer can perform an update on your vehicle to fix the problem. But until you have a professional examine your vehicle, you may be at risk of getting into a car accident.

What Do I Do If a Defective Vehicle Causes an Accident?

In most personal injury cases, the injured party must prove that someone committed negligence and that negligence led to a personal injury. This is not so in cases involving vehicle defects. When someone is injured due to a defective vehicle, the doctrine of strict liability is invoked. This means that all that has to be proven is that a vehicle defect led to injury, without regard to whether any negligence was committed. In order to make a claim based on a motor vehicle defect, the following three conditions must exist:

The vehicle or vehicle component had an “unreasonably dangerous” defect that caused an injury.

This injury occurred when the vehicle or vehicle component was being used in the way it was intended to be used.

The vehicle had not been substantially modified from the condition in which it was originally sold (aftermarket parts, for example).