A Colorado father and daughter filed a GM ignition switch lawsuit alleging that problems with their car’s ignition switch caused the daughter to have a serious car accident while driving on a highway.

Plaintiffs Stephanie Hamilton and her father Joe Hamilton filed their GM ignition switch lawsuit following the recall earlier this year of numerous GM vehicles, including the Chevrolet Cobalt — the car Hamilton was driving during her accident. The vehicles were recalled over a defect in their ignition switch circuitry that could cause a car’s ignition switch to turn from “on” to “standby.” This would shut off a car’s engine, causing it to lose power, possibly while driving. On top of this, a car’s airbags disengage in standby mode, which could contribute to injuries if a crash occurs in such a state.

Hamilton’s accident occurred when she was driving her Chevrolet Cobalt on Highway 70 in Colorado, near Vail and Wolcott, Colo., according to the GM ignition switch recall lawsuit. Her GM ignition switch lawsuit alleges that just prior to the crash, a gust of wind blew her car toward the median. The sudden movement of her car, her GM ignition switch lawsuit alleges, caused the car to switch into standby mode (also called the accessory/off position). When her car lost power, Hamilton lost the ability to steer, as this locked the steering column. Her GM lawsuit contends this led her car into a spin, which she could not correct. The car then impacted a dirt embankment. Neither the front nor side airbags deployed. Both Stephanie and Joe Hamilton owned the car, which was totaled in the accident. Hamilton was injured, but survived.

The Hamiltons’ ignition switch lawsuit contends that GM was aware of these potential flaws linked to its vehicles’ ignition switches. The ignition switch lawsuit references the fact that GM has received reports of major accidents linked to the ignition switch dating to at least 2005. Investigators were able to download data from the car’s on-board computers, which revealed that in these accidents, including some with fatalities, that indicates the ignition switches turned to the standby position seconds prior to crashes. In some of these reported fatalities, airbags did not deploy.

The Hamiltons’ ignition switch lawsuit also contends that GM failed to act on this information in a timely manner. It was not until this year that a recall was issued for vehicles affected by the ignition switch defect. The lawsuit contends that GM started quietly buying back vehicles with “stalling issues” as early as 2005. The GM ignition switch lawsuit also contends that even though GM was restructured in 2009 following a bankruptcy, the company continued to downplay the risk and failed to act on an appreciable scale until this year’s recall.

The GM Ignition Switch Lawsuit is Stephanie Hamilton, et al. v. General Motors LLC, Case No. 1:14-cv-00219-PAB, in the U.S. District Court for the District of Colorado.